IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4008 OF 2009 Pandurang M. Chonde ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.U.B.Nighot, Adv. for the applicant. Mrs.S.D.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 11th Sept., 2009. PC: Heard. Apprehending arrest in CR No.358/09 registered with Sanghvi police station for the offence punishable under sections 384, 506, 504, 427 of IPC the present application is moved seeking anticipatory bail under section 438 of Criminal Procedure Code. The applicant’s father was having landed property bearing S.No.25 admeasuring about 10 gunthas at village Pimple Nilakh, district Pune. Out of the said 10 gunthas of land the applicant had sold 6 gunthas of land to three persons by name Sudam Kalaskar, Ms.Suchitra Kalaskar and Ramchandra Botre. Each of the said persons are sold land admeasuring 2 gunthas and hence according to the applicant he still holds land admeasuring 4 gunthas. The complainant claims to have purchased the land admeasuring 6 gunthas from the said three persons. From the record it appears that the land at the spot as it exists is less than the land available on record. There is no previty of contract between the complainant and the present applicant. On 21.7.09 the complainant filed FIR where in it is stated that on 12.3.08 the complainant had been 1 to the spot for fixing compound to the land at which time the present applicant obstructed the complainant from erecting the compound and is stated to have further told the complainant that if he wants to have compound erected at the said place he need to pay sum of Rs. 3 lacs. It is also stated that the applicant had threatened the complainant that he would kill him. It is further stated that thereafter sum of Rs.1.50 lacs was paid by the complainant to the present applicant. It is also stated that after payment of Rs.1.50 lacs complainant was permitted to erect the compound. It is then stated that some time in August, 2008 when the complainant was about to commence some construction on the land the applicant has broken the compound. What is relevant to note is that the incident as allegedly taken place on 12.3.08 and thereafter in August, 2008. However FIR is filed on 21.7.09 i.e. almost after a period of one year. Predominantly the dispute appears to be civil in nature. Having regard to the facts of the present case I am of the clear view that the applicant is entitled to be released on bail by granting pre arrest bail. Learned APP submits that condition be imposed on the applicant in regard to attendance to the police station so that investigation is not hampered and could be taken up properly. In the result I direct that in the event of arrest of the applicant-Pandurang M. Chonde in CR No.358/09 registered with Sanghvi police station for the offence punishable under sections 384, 506, 504, 427 of IPC he shall be released on bail on executing personal bond in the sum of Rs.10,000/- with one or two sureties in the like amount. Applicant shall attend the concerned police station once a week on every Saturday between 4.00 to 6.00 p.m. for a period of two months. Applicant shall abide by the conditions stipulated in Section 438(2) of Criminal Procedure Code. Application stands disposed of. 2