1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1975 OF 2010 1. Dr.Rubin Moses, Age-99 years, Occu-Retired Principal, R/o.7, Shrdhanand Marg, Church Compound Chhawani Indore (M.P.) Ex-Chairman/Moderator of Indian Canadian Presbyterian Misson, Indore (M.P.) 2. Gopal Barilal Gupta, Age-40 years, Occu-Business, R/o.Masanganj, Amravati, Dist. Amravati, 3. Niravkumar Navinchandra Mehata, Age-47 years, Occu-Business, R/o.F-10, Chandradarshan Apartment, Driving Road, Thaltej, Ahamadabad, Tal. and Dist. Ahmedabad. APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Police Station, Sadar Bazar, Jalna, Dist. Jalna RESPONDENT WITH CRIMINAL APPLICATION NO.2099 OF 2010 Ayyub Khan S/o.Noorkhan Pathan, Age-37 years, Occu-Business, R/o.Karmad, Ta. Karmad, Dist. Aurangabad APPLICANT 2 Versus The State of Maharashtra, Through Police Station, Sadar Bazar, Jalna. RESPONDENT Mr.A.R.Borulkar, learned counsel for applicants in Cri.Appl. 1975/2010. Mr.A.S.Barlota, learned counsel for applicant in Cri.Appl.No. 2099/2010. Mr.S.G.Nandedkar, learned APP for State in both applications. CORAM : A.V.POTDAR, J. DATE : 15/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.108/2010, registered in Sadarbazar Police Station of Dist. Jalna, for the offence punishable u/s. 420 of The IPC. 2. The first applicant in Cri.Appl.No.1975/2010 is the Moderator of Indian Canadian Presbyterian Mission, Indore and he was also ex- Chairman of the said Mission. Applicant no.2 Gopal is R/o.Amravati while applicant no.3 is R/o.Ahmadabad, and the business partner of applicant no.2. The applicant in Cri.Appl.No.2099/2010 is the Estate Agent/Broker, dealing in the business. It appears that the said offence came to be registered on the complaint of one Lalbahadur Kamble, who claims to be the office bearer of the Institution, known 3 as United Church of Northern India Trust. He has lodged the complaint, about the property bearing CTS No.4665, admeasuring about 21681-1 Sq.Mt. situated at Kasbe Jalna, earlier part of Dist. Aurangabad, but after bifurcation, became the part of Tal. Jalna, Dist. Jalna. From the entries in the revenue record, i.e. PR Card, it appears that suit no.26/1904 was filed before the Civil Court, in which some orders came to be passed on 29/09/1905. On the basis of documents, inspite of the orders passed in that suit, were produced before the City Survey Officer, Jaln,. mutation Entry No. 176 came to be allowed and accordingly the entries were changed in the revenue record on 15/02/2008. It appears that certain proceeding was going on before the City Survey Authority and again that entry was cancelled vide order dated 12/06/2009 and again the entry of United Church of Northern India Trust was taken in the revenue record. Thus the fact is clear that there is dispute about the title to the property. 3. It is alleged that the applicant no.1, with joining hands with applicant no.2 and 3, are trying to dispose of this property to several persons and have entered into transaction and hence the offence came to be registered. 4. It appears that when the matter was moved in the vacation, interim protection was granted to the applicants in Cri.Appl.No. 1975/2010. 4 5. Application was opposed by the learned APP appearing for State on the ground that, during the investigation till carried out, the statement of various persons were recorded, in whose favour, agreement of sale was executed by the applicants in Cri.,Appl.No. 1975/2010, but the transaction is yet to be completed. The documents were also collected in the nature of agreement to sale, but the fact remains that yet the parties have to enter into the sale deed in respect of the said property. 6. Considering the submissions across the bar on behalf of the applicant as well as the learned APP, It appears that there is dispute about the title to the property and unless that dispute is solved, there shall not be any criminal case to be lodged against the applicants. Considering the age of first applicant in Cri.Appl.No. 1975/2010, who is about 99 years old and the remaining applicants are also not of the local residence, as well as the applicant in Cri.Appl. No.2099/2010 is the estate agent/broker, his role is also limited. In the premise, as the case is based on the documents, a fit case to enlarge the applicants on anticipatory bail, but by putting certain stringent conditions : O R D E R 1. Both the applications are allowed. 2. Interim protection granted to the applicants in Cri.Appl. No. 1975/2010 is hereby confirmed till filing of the charge sheet. 3. In the event of arrest of applicant in Cri.Appl.No. 2099/2010, in connection with CR No.108/2010, registered in Sadar Bazar Police 5 Station, Jalna, he be released on bail on furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 4. This protection is also granted to him till filing of charge sheet. 5. After released on bail, in case of arrest, the applicants to co- operate the investigation agency and not to create any third party interest in respect of the property, subject matter of the criminal complaint. 6. In case, the attendance of applicants is required, on written request, the applicants to co-operate the Investigation Agency, and to give attendance in Sadar Bazar Police Station, whenever required. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1975-10