IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4595 OF 2008 1.Vikas Janardan Aheri 2.Vasant Janardan Aher ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri R.S. Suryawanshi for Applicants Shri S.S. Pednekar,APP for State ---- CORAM: V.M. KANADE J. DATED 7TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. This is an application for anticipatory bail filed by the Applicant, who have apprehension that they are likely to be arrested in connection with the C.R. No.I-553 of 2008, which is registered with Turbhe Police Station for the offence punishable under section 307 r/w. 34 of the Indian Penal Code. 3. The Applicants are builders by profession. They had constructed a building and sold 64 flats in the said building. There was a dispute between the Applicants and the flat purchasers. The Complainant was working as chairman of the society, which was formed by the flat purchasers. There was also a dispute in respect of the hotel, which was run by the wife of one of the Applicants. According to the flat purchasers, a person who was conducting the said hotel was carrying out illegal activities in the premises of the society. 4. On 23.10.2008, two persons attacked on the complainant with knives and chopper and he sustained injuries. He filed a complaint, in which he expressed his suspicion that those two persons were hired by the Applicants. 5. The learned Counsel appearing on behalf of the Applicants submits that, firstly, the dispute arose between Complainant and the Applicants and it is alleged that the Applicants hired some persons to murder the Complainant. He has invited my attention to the letter, which was written by the builders to all the flat purchasers, in which, it was mentioned that on payment of certain balance maintenance amount, the builder would register the society and execute conveyance in favour of the society. Secondly, it was submitted that one of the assailants had made a statement to the police that one Babaji Shinde had given them contract to assault the Complainant. He submitted that the said Babaji Shinde also had enmity with the present Applicants and they were granted anticipatory bail by the Court in the complaint, which was filed by the said Babaji Shinde. He submitted that there is no point that the police wanted the custody of the present Applicants. He invited my attention to the three remand applications filed by the police from time to time in the Trial Court. He, therefore, submitted that this is a fit case for grant of anticipatory bail. 6. In my view, no case is made out for grant of anticipatory bail. The Complainant was assaulted by knives and chopper and he had filed the complaint in which he has expressed his suspicion that the applicants may have given a contract to the said assailants. Admittedly, there were several disputes between the society and the Applicants. 7. Under these circumstances, the police have a right to investigate the case. Therefore, this is not a fit case for grant of anticipatory bail. If the Applicant is arrested, he can always apply for regular bail before the regular Court. 8. Application is, accordingly, rejected. V.M. KANADE J.