IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1038 OF 2009 1.Shyam Khemchand Lokwani 2.Sandeep Shyam Lokwani 3.Pradeep @ Baba Shyam Lokwani ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri R.D. Soni i/b. M/s. Ram & Co. for Applicants Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 4TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicant No.1 is working as Assistant Commissioner with Ulhasnagar Municipal Corporation and the Applicant Nos.2 and 3 are his sons. The Applicant No.1 is working with Ulhasnagar Municipal Corporation for last 37 years. The Applicant's wife had lodged the complaint against one Corporator Godhu Kishnani on 10.2.2009, which was registered as a N.C. Complaint. On the next day, the Corporator's employee, who was working as a peon, filed a complaint against the present Applicant No.1and his two sons alleging that when the Complainant was standing on the road, the present Applicant No.1 got down from his car and removed a sum of Rs.2,500/- from his pocket forcibly and assaulted him. His sons also got down from the car and assaulted him. He, thereafter, on the next day, lodged a complaint for the offences punishable under sections 323, 394, 504 r/w. 34 of the Indian Penal Code. 3. It is submitted that the said complaint has been filed with an ulterior motive as a counter blast to the complaint filed by the Applicant No.1's wife. It is submitted that it is inconceivable that the Applicant No.1, who is working as Assistant Commissioner of the Corporation would remove Rs.2,500/- from the pocket of the peon of a Corporator. 4. It is submitted that there is sufficient material on record to show that the present Applicant No.1 had taken action against the said Corporator Gudhu Kishnani and had filed several complaints against him for his illegal activities on account of his involvement in an unauthorised construction of the building. 5. In my view, taking into consideration the submission made by the Learned Counsel appearing on behalf of the Applicants and the facts and the material which is on record, prima facie case is made out by the Applicants for grant of anticipatory bail. Section 438 has been incorporated in the Criminal Procedure Code in order to ensure that innocents are not harassed on account of political rivalry or business rivalry or other enmity. The facts of the present case clearly disclose that there was enmity between the Complainant's employer and the present Applicant No.1, who is working as Assistant Commissioner with Ulhasnagar Municipal Corporation. In any case, even if the averments in the complaint are taken on its face value, custodial interrogation of the Applicants is not necessary. 6. The Applicants, therefore, in the event of their arrest in connection with offence which is registered as C.R. No.I-27/2009 with Central Police Station, Ulhasnagar for the offences punishable under sections 323, 394, 504 r/w. 34 of the Indian Penal Code, be released on bail in a sum of Rs.10,000/- each with one or two sureties in the like amount. The Applicants shall report to the concerned police station, as and when called. 7. Application is disposed of. V.M. KANADE J.