1 Cri.Appln.Nos.510/2011 & 541/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.510/2011. (Subhash s/o Shahuba Chormule and Anr. Vs. The State of Mah.) with CRIMINAL APPLICATION NO.541/2011 (Uttam Ramchandra @ Ramakant Gaikwad and Anr. Vs. The State of Mah. & Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Tope; and Mr.AN Nagargoje, Advs. for respective applicants; Mr.NB Patil APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th March, 2011. ... 1) Heard Cri.Application No.510/2011. 2) The applicant/accused, based on an application of one Mohammed Gani Bagwan, relying on the annexures, particularly, an affidavit, issued a Certificate dated 3.6.2009, informing residence of said applicant at Lohara. The term “waras” is allegedly interpolated. 3) Considering the role of the accused/applicant involved, barring a dereliction in their duties, no criminal intention to issue the certificate,. Consequently, custody of the applicants/accused not warranted. 4) Earlier Interim protection dated 8th February, 2011 is made absolute with 2 Cri.Appln.Nos.510/2011 & 541/2011 attendance condition to remain in force till 30th June, 2011. 5) Application allowed as above. 6) Heard learned Counsel in Criminal Application No.541/2011. 7) The applicant/accused No.1 is a retired officer and applicant no.2 is Talathi, they allegedly facilitated in preparing heirship certificate. Perusal of the heirship certificate with the annexures illustrate, the applicants/accused had no personal interest in such certificate, it was based on the application made by the applicant – Mohd. Hussain Bagwan therein with genealogy, such certification was issued by the village Sarpanch and the Gram Sevak (applicant in Criminal Application No.510/2011). 8) Considering the role attributed, custody of the applicants/accused not warranted, the earlier interim protection dated 14th February, 2011 is made absolute. The applicants/accused to attend the Investigator on every alternate Sunday between 3.00 to 6.00 p.m. 9) Criminal Application No.541/2011 is allowed as above. (K.U.CHANDIWAL) JUDGE bdv/