IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.650 OF 2008 CRIMINAL APPLICATION NO.650 OF 2008 CRIMINAL APPLICATION NO.650 OF 2008 Prakash D. Khomne & Another ..Applicant versus The State of Maharashtra ..Respondent Mr.A.P.Mundargi for the Applicant Mr.Saste for the Respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 22nd April, 2008. DATED : 22nd April, 2008. DATED : 22nd April, 2008. P.C. 1. The applicants are arrested under Section 465, 467, 468, 471, 420 r/w. 34 of Indian Penal Code in C.R.No.4 of 2007 with the Economic Offence Wing C.B. C.I.D. The applicants are working in the office of the Sub Registrar where documents are lodged for registration day in and day out. The principal allegation against the applicants is when certain documents were presented before them for registration by the person claiming to be constituted attorney, the applicants did not verify the genuineness of the various documents on the basis of which the presenters tendered the documents for registration. -2- 2. After having considered the entire record, I am inclined to observe that considering the system in which the applicants have been working as Sub-Registrars, there does not appear to be a full proof method to verify the genuineness of the Power of Attorney which are presented before them and then proceed to register the documents. In my view, the applicants have made out a case for bail. Further detention of the applicant is not required particularly when interim bail application was granted in their favour on 11th March, 2008. The applicants are State Government servants and I am informed that as of today they stand suspended from their service. Availability of the applicant at the time of trial does not appear to be impediment at the time of grant of bail. 3. Before I part with the Order, the court is informed by learned Advocate Mr. Saste that pursuant to the observations made in the Order dated 11.3.2008 modification of rules concerning the verification of the Power of Attorney is in process and that the concerned Department has taken up the matter with the Law & Judiciary Department of the State of Maharashtra. -3- 4. For the reasons aforestated, I pass the following order. ORDER i) Each of the applicant is hereby ordered to be released on bail in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety in the like amount in connection with MECR No.4 of 2007 with Economic Offence Wing, C.B. CID. ii) Each of the applicant shall execute P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only). iii) Both the applicants shall report to the concerned police station on second Saturday of every month from 11.00 a.m. to 5.00 p.m. till filing of the chargesheet. iv) Application disposed of accordingly. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)