1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 377 of 2011 (Ajay S/o. Mahadeoprasad Shandilya Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.G. Karmarkar, Advocate for the applicant. Mr. A.M. Joshi, A.P.P. for the State/non-applicant. CORAM : M.N. GILANI J. DATE : 17 th NOVEMBER, 2011 Heard both the sides. 2] This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant on bail in the event of his arrest in Crime No. 63/2011, registered with Police Station Mohadi, District Bhandara, for the offence punishable under Sections 467, 468, 471, 420 read with Section 34 of the Indian Penal Code. 3] The applicant-accused is the headmaster in Mahatma Jyotiba Fuley High-School Mohgaon Devi, Tahsil Mohadi, District Bhandara. A complaint was received by the Education Department that the accused had issued false School Leaving Certificates in favour of Sushila Dhandu Kadav and Shankar Gyaniram Chinkure. On enquiry, the School Leaving Certificates were found bogus. It was further revealed that Sushila had studied only up to 4th Standard in 2 different schools and never in Mahatma Jyotiba Fuley High- School Mohagaon Devi, Mohadi, District Bhandara. She was working as a helper in Anganwadi. There was an advertisement for the posts of Anganwadi Sevika and she wanted to apply for the said post. The qualification for the said post was of 8th Standard pass. For that she talked to one Xerox operator namely Krushna Bawane. He assured her that he would procure necessary certificates for a consideration of Rs.5,000/-. Accordingly, she paid Rs.5,000/- and got School Leaving Certificate and Certificate of passing 8th Standard Examination. During investigation, it was found that in the Admission Register, the name of Sushila was inserted at Sr. No. 144, although some other candidates' name was already appearing. Sushila had also categorically stated that she had only studied up to 4th Standard and never studied in Mahatma Jyotiba Fuley High-School Mohagaon Devi, Tah. Mohadi, District Bhandara. 4] The investigation papers further reveal that the applicant had tendered his apology to the School Management. This crime has been registered on the basis of the report lodged by the Block Education Officer, Panchayat Samiti Mohadi, on 7th October, 2011. In his report he has alleged that the offence of forgery has been committed in respect of Sushila and Shankar. 3 5] Learned counsel for the applicant contends that the applicant has roots in the society and he is not likely to abscond and will be available for the purpose of investigation. These are all usual submissions. 6] The accused is involved in tampering the school records and issuing false certificates for a monitory consideration. In that light of the matter, the stand of the prosecution that his effective and thorough interrogation is necessary for the purpose of investigation, will have to be accepted. 7] In the result, I do not find any merit in the application. 8] Application is rejected. JUDGE *sdw