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. 26 OF 2009 CRIMINAL APPLICATION NO. 26 OF 2009 CRIMINAL APPLICATION NO. 26 OF 2009 Shri Sanerab Jais Mohd. Khan ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.G. Bhatawani for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. It is alleged that the applicant has trespassed into the property of the complainant and has removed the property of the complainant which was there in the said premises. 3. The learned Counsel for the applicant submits that the said property was sold by his wife to the complainant and he has absolutely no concern with the said property. It is submitted that the complainant is in possession of the said property. It is denied that - 2 - the applicant has committed the robbery of yarn and grey cloth amounting to Rs.7,50,000/-. 4. The learned APP for the State invited my attention to the statement of the witness who has seen the applicant committed the said criminal trespass and theft of the property to the complainant. 5. The learned Counsel for the applicant submits that there are three other accused who have been granted anticipatory bail by the Sessions Court. 6. In my view, this is not a fit case for grant of anticipatory bail. The allegations are made against the present applicant. It is submitted that the applicant shall produce the affidavit of the complainant. In any case, since the offence already has been registered against the applicant and the allegations are of serious nature, no case is made out for grant of anticipatory bail. 7. The application for anticipatory bail is - 3 - rejected. The applicant is at liberty to surrender before the Magistrate on 27th January, 2009 and seek regular bail. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)