5crn2776-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2776 OF 2010 Mr.Randhir Shahaji Khopade. .. Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.Kuldeep S. Patil, Advocate for the applicant. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 21ST JUNE, 2010 P.C. 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending his arrest in C.R. No.167 of 2010 registered with Bandgarden police station, Pune. 2. The allegations against the applicant are that in order to secure the medical case papers and discharge card of some injured in another matter for the offence punishable under Section 307 IPC in which his brother was involved as an 5crn2776-10 2 accused, present applicant had preferred an application to the Hospital for obtaining said medical case papers. Allegedly, said application was made in the name and under the purported signature of the complainant in the present matter. 3. Initially, apprehending such arrest, the applicant preferred anticipatory bail application before the Sessions Court and interim relief was granted to him on 23.4.2010 directing him to attend the concerned police station on every Sunday till the adjourned date i.e. till 30.4.2010. Thereafter, the said anticipatory bail application was finally disposed of and rejected on 2nd June, 2010. However, till that time at least for two occasions, the applicant had attended the concerned police station. 4. The above factual position has not been controverted by the learned A.P.P., on instructions from the I.O. who is present in the Court. On asking by the Court, the learned A.P.P. failed to explain as to why the handwriting samples / specimen signatures and writings of the present applicant 5crn2776-10 3 were not obtained during his such visits to the police station. 5. Apparently, this should have been the first step required to have been taken by the Investigating Officer when the main allegation is regarding preparation of application for obtaining medical record and that also in the name and under the signature of the complainant. Whatever it may be, as the position stands as on today, the present application can be allowed with certain directions to the applicant to cooperate with the investigation. Hence order : :: O R D E R :: [i] Criminal Application No.2776 of 2010 is allowed and accordingly disposed of; [ii] In the event of arrest of the applicant - Mr.Randhir Shahaji Khopade in C.R. No.167/2010 of Bandgarden police station, he shall be released on bail on his executing a P.R. bond in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one surety for the like 5crn2776-10 4 amount. [iii] In the event of arrest and availing of bail, as above, the applicant shall attend the Bandgarden police station on every Monday and Friday between 10:00 a.m. to 12:00 noon for the period of four weeks. The applicant shall cooperate with the investigation by giving his handwriting and specimen signatures. (A.R.JOSHI,J.)