1 Cri.A.2731.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2731 OF 2011 Tulshidas Babulal Choudhari, R/o Choudhary Wada,Tq. Chalisgaon, District Jalgaon. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.K.P.Chaware, Advocate for Applicant. Shri.N.H.Borade, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 8TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No.127 of 2011, registered with Police Station Chalisgaon, District Jalgaon for the offence punishable under sections 406, 418, 420 read with Section 34 of the Indian Penal Code. Papers of investigation are made available. Both sides are heard. 2. One Sushil Jain has filed private complaint against applicant and complaint is referred for investigation for aforesaid offence. Due to 2 Cri.A.2731.11 reference made by Judicial Magistrate First Class crime is registered. He has made allegation that applicant Tulshidas has executed agreement of sell in respect of his land Survey No.110/2/2 admeasuring 93 R situated at Chalisgaon, and he has accepted earnest amount of Rs. 31,000/- from the complainant. Allegations are made that after making this agreement Tulshidas gifted the property to accused Nos. 2 and 3, who run one educational Institution. It is contended that to cheat the complainant subsequent transaction came to be made. 3. Applicant has produced the record like notice issued by complainant through Advocate and reply given by present applicant. In reply, it is case of the applicant that complainant and his son are in money lending business and applicant only obtained loan from them. It is case of the applicant that such defence is taken in reply given through advocate and possession of the land was also not given. He contended that only by way of security some documents were prepared and there was no intention to sell the land. 4. The documents like copy of agreement of sale, copy of Gift deed which is registered and copies of notice and reply are produced. This record shows that the dispute between the parties is of civil nature. In such nature of civil dispute, police need not require custodial interrogation. In view of 3 Cri.A.2731.11 these circumstances, this Court holds that subject to some conditions relief can be granted to the applicant. Application is allowed. (i) In case of arrest of the applicant, in Crime No.127 of 2011, registered with Police Station Chalisgaon, District Jalgaon for the offence punishable under sections 406, 418, 420 read with Section 34 of the Indian Penal Code he be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees Fifteen Thousand) on condition that- (a) The applicant shall co-operate during the investigation and to attend the concerned Police station on every Saturday and Sunday from today between 9.00 a. m. and 12.00 noon for the period of one month. Sd/- [ T.V.NALAWADE, J.] MTK