Order in Cri. Apln. 4350/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4350/2009 Rajeshree w/o Raju Pawar ...Applicant. Versus The State of Maharashtra. ...Respondent. ........ Shri Jaydeep Chatarjee, Advocate for applicant. Shri B.J. Sonawane, A.P.P. for respondent. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. By the present application, the applicant has approached this Court for her release on bail in Crime No.115/2009 registered at Umarga Police station, of Dist. Osmanabad for offences punishable under Section 420, 467, 468 read with Section 34 of Indian Penal Code in which investigation is already over and charge sheet is filed on 14/10/2009 and the case is numbered as R.C.C. No. 114/2009 in the Court of Judicial Magistrate (First Class), Omarga. 2. Heard learned counsel appearing for applicant followed by submissions Order in Cri. Apln. 4350/2009 2 of learned A.P.P. appearing for State. 3. Considering these submissions across Bar, it appears that the complaint on the basis of which offences came to be registered, was filed by one Gajendra Dashrath Bhosale an employee working in the M.S.R.T.C. as his son met with accident in the night of 20-04-2006. Somewhere in the year 2009 he made an inquiry to obtain disability certificate for his son who met with an accident. In the year 2008, during that inquiry he learnt that if he will contact the applicant who is serving in Tahsil office, he will get the requisite disability certificate. Accordingly, he contacted the applicant where the applicant demanded Rs.2,500/- to provide the requisite disability certificate. Accordingly, in the month of June 2008, the applicant provided disability certificate to the complainant. It appears that the said disabled son of complainant tried to get admission in the polytechnic college and at that time, he contacted civil surgeon, Osmanabad along with certificate handed over by the applicant where he came to know from the civil surgeon that said certificate was not issued under his signature by his office. Hence, the offence. Order in Cri. Apln. 4350/2009 3 4. In connection with this offence, the applicant came to be arrested on 17/07/2009 and since then she is in custody. It is urged across Bar that now after investigation is over, the charge sheet is filed. Hence, no further detention of the applicant is required. The application for regular bail was moved before Court of Sessions Judge which was rejected on 07/11/2009. Hence, the application before this Court under Section 437 of the Code of Criminal Procedure. 5. Learned A.P.P. opposed the application as the racket of the distribution of the forged certificates run by the applicant with the help of the associates requires to be deprecated. 6. Considering the submissions across Bar, one fact is clear that as the charge sheet is filed in the Court of law, means investigation is over after collecting the entire evidence oral as well as documentary at the hands of the investigating agency. It is to be considered that the trial is to begin before the Court of Judicial Magistrate (First Class). The trial is not likely to come up on board in the near future and if it is so, mere detention of the applicant beyond Order in Cri. Apln. 4350/2009 4 the bars without giving her right of speedy trial, does not take effect. In the premise, the applicant is to be enlarged on bail on certain conditions. Hence, the order. ORDER 1. Application is hereby allowed. 2. The applicant / accused be released on bail on her furnishing solvent surety in the sum of Rs. 25,000/- (Rs. Twenty five thousand) and on executing personal bond in the like sum in connection with Crime No. 115/2009 registered at Omarga police station. 3. After releasing on bail, the applicant shall not leave local jurisdiction of Omarga Police station without previous permission in writing of Investigating Officer concerned. 4. The application stands disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln4350.09 Order in Cri. Apln. 4350/2009 5