( 1 ) criapln4835-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4835 OF 2010 1. Vinod Govardhandas Agrawal 2. Satyanarayan alias Satish Balkishan Agrawal Both R/o. Azad Chowk, Latur .. Applicants VERSUS The State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 4836 OF 2010 1. Rajesh Kisanlal Agrawal R/o. Adarsh Nagar, Shirpur, Dhule .. Applicant VERSUS The State of Maharashtra .. Respondent ... Mr.P.M. Shah, Sr. Advocate i/b. Mr. S.P. Shah, Advocate for the applicants (Cri. Appln. 4835.2010) Mr.P.M. Shah, Sr. Advocate i/b. Mr. N.B. Suryawanshi, Advocate for the applicant (Cri. Appln. 4836.2010) Mr. P.P. More, A.P.P. for the respondent-State in both matters ... [CORAM : V.R. KINGAONKAR, J.] [DATE : 7th December, 2010] PER COURT : 1. By these applications, the applicants are seeking regular bail under section 439 of the Criminal Procedure Code. ( 2 ) criapln4835-10 They have been arrested in connection with Crime No. 77/2010, registered at Murud Police Station (Dist. Osmanabad) for the offences, punishable under section 386, 420, 467, 468, 471, 129-B, 323, 504, 506 read with section 34 of the I.P. Code. 2. Heard learned Senior Advocate for the applicants in Criminal Application No. 4835/2010 and learned advocate for the applicant in Criminal Application No. 4836/2010 and learned APP for the State. 3. The FIR and relevant documents prima facie show that the applicants were managing business of recovering the toll- tax at Yenegur Toll Naka. They used to collect excessive amount from the drivers of the vehicles. They used to issue fabricated receipts/tickets to the vehicle drivers. They were adopting coercive methods for the purpose of such excessive recovery and used to misappropriate such amounts collected at Toll Naka. The Government has fixed a particular rate in accordance with the nature of vehicle which passes through the Toll Naka. The applicants, however, committed breach of such specified tariff fixed by the Government and collected huge amounts under false receipts. ( 3 ) criapln4835-10 4. It appears prima facie that the fabricated receipts, the receipt-books, other relevant documents, stamps used, etc. have been already recovered. The presence of the applicants with the police is not necessary and as such, they are already taken in magisterial custody. The entire edifice of the case is built up on basis of the documentary evidence pertaining to preparation of false duplicate receipt books. The police did record statement of the owner of the Printing Press at Latur and also collected the required documentary evidence. 5. Though the offence appears to be of serious nature, yet, it is not punishable with death or imprisonment for life. Secondly, the other contracts including the contract of Toll Naka at Yenegur are either terminated or the period of such contract is over except in case of the Toll Naka at Gharni. The said contract is also likely to be over within a short span. The applicants undertake that they will not enter Osmanabad district during the period of investigation and will not contact any of the witnesses concerned with the investigation. 6. Considering the nature of the accusations and the circumstances indicated above, the applications are allowed. ( 4 ) criapln4835-10 The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) each, with one solvent surety in like sum, to the satisfaction of the Court of Sessions and on further condition that they will not enter Osmanabad district till the investigation is completed and will not contact any of the prosecution witnesses and shall not make any attempt to tamper with the evidence of the prosecution. They shall furnish an undertaking to such an effect before the Court of Sessions simultaneously while furnishing the bail bonds. The applications are accordingly allowed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln4835-10