IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 533 OF 2009 CRIMINAL APPLICATION NO. 533 OF 2009 CRIMINAL APPLICATION NO. 533 OF 2009 Laxman Govind Patil ...Applicant vs. The State of Maharashtra ...Respondent M/s.Sharif Shakh, Miraza Yadullah and Naresh Lalchandani for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for anticipatory bail. 3. A complaint was filed by one Ramesh Dongre against the present applicant under Section 379 of the IPC. It is the case of the applicant that he had entered into the agreement of sale with one Soma Gawade in 1989 and had paid part of the consideration at the time of the execution of the said agreement. Thereafter, the original owner Soma expired and the names of his heirs were brought on record. These heirs - 2 - entered into an agreement with the complainant Ramesh Dongre. It is the case of the applicant that the earlier agreement was still in existence and was not terminated and inspite of that, the heirs of Soma executed the agreement with the complainant. It is, therefore, submitted that the dispute between the parties essentially is of civil nature. The complainant claims that he is the owner of the said land by virtue of an agreement executed in 2005 whereas the present applicant claims right over the said land on the basis of an agreement executed in the year 1989. The applicant has also given a legal notice to that effect to the heirs of Soma and to Ramesh Laxman Dongre - the complainant. 4. Counsel for the applicant invited my attention to 7/12 extract, two agreements and also the receipts issued by the Shalini Lodge. The Sessions court unfortunately has not taken into consideration these material and has, therefore, observed that the applicant had misled the heirs of Soma and had sold the sugar-cane crop which was grown in the field, to the sugar factory - 3 - in the name of his father-in-law. In view of the material which is shown to me, it is evident that the dispute between the parties essentially is of a civil nature. 5. Prima facie, therefore, case is made out by the applicant for grant of anticipatory bail. In the event of the applicant’s arrest in connection with an offence registered by Chandgad Police Station vide C.R.No.05/2009 for the offence punishable under Section 379 of the IPC, the applicant shall be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall co-operate to the Investigating Officer of the case and shall report to Chandgad Police Station, initially for a period of three days from 16th February, 2009 and thereafter, once in a month or as and when called till the filing of the charge-sheet. 6. The application is allowed and is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)