1 ABA-754-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 754 OF 2011 1) Chintaman Shivram Patil ) 2) Shrikant Chintaman Patil ) 3) Mahendra Atmaram Thakur ).. Applicants vs. 1) The State of Maharashtra ) 2) The Inspector of Police, Gorai ) Police Station. ).. Respondents Mr. S.V.Marwadi, Advocate i/b Mr. Rishi Bhuta,Advocate, for the applicants. Mrs. S.V.Sonawane, APP, for the respondents. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. The applicants seek anticipatory bail in C.R.No.6/2010 registered with Gorai Police Station under Sections 419, 420, 465, 467,468, 471 read with Sec. 120-B of I.P.C. registered on the report of one Cyril @ Hendriques. 2. On 14.4.2010, a report was lodged alleging that first informant, his five brothers and a sister are the owners of the land Survey No.79 Hissa Nos.5, 12 and 14 situate within the limits of Manori. On 24.1.2008, the applicants, who are developers and builders and running business in the name of M/s. Kartikeya 2 ABA-754-11.sxw developers (Bombay) Pvt.Ltd. purchased the said land under a registered sale deed from one Mrs. Jabel Rodrigues, who had no concern with the property. She wrongly gave her name as Mary Sera Arik and thus these persons committed the said offencess. It appears that on the basis of the earlier report, Crime No. 20/2009 was lodged and at that time statement of the present applicant No.1 Chintaman Patil was recorded, wherein he had stated that one lady Jabel Rodrigues @ Mary had approached him for sale of the land and as her name was shown in the Record of Rights and she had also produced the Ration Card to show her identity. believing her, he had purchased the land for consideration of Rs. 6,70,000/- under a registered document. According to him, later on, he came to know that said Smt. Jabel Rodrigues was not Mary and she had cheated him also. He has also made a statement that he would not create third party interest in the property as long as the the dispute is not sorted out. 3. The learned counsel for the applicants makes a statement that if the real owners want, the applicants have no difficulty in executing reconveyance deed in their favour or to purchase the property from them by paying the price. This shows the bonafides of the applicants. Taking into consideration the facts and circumstances, I find that prima facie offence has been committed by Smt. Jabel Rodrigues. The custodial interrogation of the present applicants is 3 ABA-754-11.sxw absolutely not required for the purpose of investigation. It is interesting to note that said Jabel Rodrigues was granted anticipatory bail. 4. In view of the above, in the event of arrest in Crime No.6 of 2010, the applicants be released on their executing P.R. of Rs.15,000/- each with one surety in the like amount with condition that they shall make themselves available to the police as and when required for the purpose of interrogation and shall not misuse bail. (J.H.BHATIA,J.)