* 1 * ABA.199.2011 1.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 199 OF 2011 MANIK DYNESHWAR MHATRE ..... APPLICANT V/S. THE STATE OF MAHARASHTRA & ANR. ..... RESPONDENTS * * * * * Ms. Pushkarini B. Kulkarni i/by. Mr. K.S. Patil, Advocate for the applicant. Mrs. A.A. Mane, APP for the State-respondent no.1. Mr. M.K. Kocharekar, Advocate for respondent no.2. CORAM :- Smt. R.P. SondurBaldota, J. 1st August, 2011. P.C. :- 1. This application filed is for cancellation of anticipatory bail granted by the Sessions Court to respondent no.2 by its order dated 2nd February, 2011. The applicant is the original complainant. He has filed a complaint with Palghar Police Station, District-Thane vide C.R. No.6 of 2010 for the offences punishable under Sections 193, 468, 471, 476, 406, 420, 323, 504, 506, 436 and 346 Indian Penal Code. The allegations against respondent no.2 relate to a property in respect of which a civil dispute has already been filed. The Sessions Court, therefore, noted that the dispute between the parties is essentially a * 2 * ABA.199.2011 1.8.2011 civil dispute and custodial interrogation of respondent no.2 is not required. It has also noted that respondent no.2 is an old person suffering from several diseases. The claim of illness of respondent no.2 was supported by the medical papers. The Investigation Officer had accepted before the Sessions Court that respondent no.2 had been attending the police station as per the direction in the order of interim anticipatory bail and it was not the case of the prosecution that respondent no.2 was not co-operating with the Investigation Authority. Considering these aspects, the application for anticipatory bail was allowed. Today, it is not anybody’s case that respondent no.2 has misused the liberty granted to him in any manner. The facts and circumstances of the case also do not require custodial interrogation of respondent no.2. In that circumstance, there is no need to interfere with the impugned order. Hence, the application is dismissed. [SMT. R.P. SONDURBALDOTA, J]