Cri. Apln. 4282/2009 & 4283/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4282/2009 Banekha Malang Pathan ...Applicant. Versus The State of Maharashtra. ...Respondents. WITH CRIMINAL APPLICATION NO. 4283/2009 Hanumant Govindrao Tamane Versus The State of Maharashtra ........ Shri M.P. Tripathi, Advocate for applicant. Shri B.J. Sonawane, A.P.P. for respondents. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. Vide this application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with Crime No. 4/2009 registered in Sillod Police station, for offences punishable Cri. Apln. 4282/2009 & 4283/2009 2 under Section 166, 167, 467, 468, 420, 504, 506 read with Section 34 of Indian Penal Code. 2. Heard learned counsel appearing for applicants followed by submissions of learned A.P.P. appearing for State. Considering the statement across at bar, it appears from papers of investigation till carried out as well as the facts stated in the complaint that the said complaint came to be lodged by one Malang Pathan Rahim Pathan father of applicant in Cri. application no. 4282/2009. The applicant in Cri. Application No.4283/2009 is retired Talathi. At the material time he was serving as Talathi in village Jaiphal Tq. Kalam. 3. Considering submissions across at bar and particularly averment in para 4 of the complaint, it appears that civil dispute is pending between the complainant who is the father of the applicant in application No. 4282/2009 bearing R.C.S.252/2009 which is pending in the court of Civil Judge (J.D.). Bhoom. It appears that certain papers were tendered in that proceeding and there appeared some foul play about the signatures on the documents which were tendered in the civil proceeding. According to the complainant and the Cri. Apln. 4282/2009 & 4283/2009 3 other sons of the complainant who are brothers of the applicants in Criminal application no. 4282/2009 the signatures appearing on the alleged documents of partition deed is not put by them and the purported signature on that document might have been put by the applicant in Cri. Application No. 4282/2009. It further appears that on the basis of purported document, mutation entry was effected. It was duly certified by the revenue authority. If it is so, the nature of the transaction involved in the complaint is of purely civil nature in which dispute is pending before this Court. No finding is yet recorded by the Civil Court about documents alleged as forged at the hands of applicant in Application No. 4282/2009 and on the basis of that forged document, mutation entry effected by the applicant in Cri. Application No. 4283/2009 can not be considered as genuine unless finding to that effect recorded by the competent civil court because the litigation is pending in respect of genuineness of the case. In the premises, case is made out to exercise discretion under Section 438 of Cr. P. C.. Hence, the application requires following order. Cri. Apln. 4282/2009 & 4283/2009 4 ORDER 1. Criminal application Nos. 4282/2009 and 4283/2009 are hereby allowed. 2. In case of arrest of the applicants in these two applications in connection with Crime No.4/2009 registered in Sillod police station, they be released on bail on furnishing surety in the sum of Rs.10,000/- each and on executing personal bond in the like amount. 3. After releasing on bail, in case of their arrest, the applicants to co- operate the investigation machinery and not to tamper with witnesses of the prosecution. 5. Both the applications stand disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln4282.09