1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2729 OF 2010 Kedar s/o Shankar Hingmire Applicant Versus The State of Maharashtra Respondent Mr.S.K.Naikwade, advocate for the applicant. Mrs.V.A.Shinde, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.15/10, registered in Yawal Police Station, District Jalgaon, for the alleged offences under Sections 420, 467, 468, 471 of the Indian Penal Code. 2 It appears that initially the application was moved on 20 th July, 2010. At that time, interim protection was granted to the applicant with a direction to release him on anticipatory bail in the event of his arrest in the said crime. 3 Today, when the application came up for final hearing, heard Counsel for the applicant and learned A.P.P. for the State. 2 4 From the perusal of the complaint dated 4 th February 2010, it appears that the said complaint was lodged by one Dr.Feroj Sujat Tadavi, a Medical Practitioner attached to Rural Hospital, Yawal, wherein it is alleged that during the period from 2003-04 to 2006-07, one Ex-MLA by name Ramesh Vithal Choudhary has reimbursed medical bills totally of Rs.20,96,657/-, towards the medical treatment taken by him, his wife, his mother and other family members, residents of Kingaon, Taluka Yawal. 5 It is to be noted that before the said complaint came to be lodged, the entire amount was deposited by said Ramesh Choudhary with the Government Treasury under five different challans, which fact is not disputed and reflected in the complaint itself. 6 As the present applicant, who was interrogated on 18.02.2010 during the course of investigation of the crime, it appears that his counter signature appears on 29 bills which, he has disputed and for that purpose, the only question arose, whether his custodial interrogation is necessary. 7 Considering the nature of offence, the entire bills, of which reimbursement was claimed by said Ex-MLA, he has deposited the entire amount in the Government Treasury. Apart from this, the bills which were reimbursed are in the custody of investigating agency. Now only the fact required to be investigated, so far as present applicant is concerned, as he has denied his counter signatures on 29 bills which were recovered during the course of investigation, so for that purpose, his specimen signature is required to be obtained, which needs to be referred to the hand wring expert along with disputed signatures on the 29 bills on which he has allegedly 3 countersigned. For this purpose, according to this Court, custody of the applicant is not required for custodial interrogation as the said Ex-MLA as well as three other doctors, who are arrayed as accused in this offence, are already released on anticipatory bail. 8 In view of this, the application deserve following order: ORDER (a) Criminal Application is allowed. (b) The interim protection granted by this Court on 20 th July 2010, is hereby extended till filing of the charge sheet. (c) Within meantime, applicant to report in Yawal Police Station on 9 th August, 2010 at 11.00 a.m. to give his specimen signature, which is to be referred to the hand writing expert. Thereafter in case attendance of the applicant is required in the Police Station, the Investigating Officer to give 24 hours’ advance written intimation for the attendance of the applicant in Yawal Police Station and the applicant to cooperate with the investigating agency. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln272910