1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1130 OF 2010 Bhaskar s/o Dattatraya Bothe & ors. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... S/Shri R.N. Dhorde & S.B. Jadhav, Advocates for applicants Mrs. Vaishali More, A.P.P. for respondents, assisted by Shri V.D. Sapkal, Advocate for original complainant ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 6th April, 2010 PER COURT: 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant Nos.,1 to 4, seeking anticipatory bail apprehending their arrest under C.R. No.5/2010, registered at Kopargaon Police Station, District Ahmednagar, for the offences punishable under Sections 420, 464, 465, 466, 467, 468, 471, 472, 474, 475 read with Section 34 of the Indian Penal Code. 3. It appears that, the offence has been registered on the 2 complaint dated 30.12.2009, lodged by the complainant namely Changdeo Sitaram Agawan before Judicial Magistrate, First Class, Kopargaon, alleging that the applicants/ accused persons, on the basis of forged documents, got their names entered into the record of rights of the land belonging to his father i.e. Gat No.597, of village Karanji, Taluka Kopargaon, District Ahmednagar. Accordingly, the learned Judicial Magistrate, First Class, Kopargaon passed an order on 30.12.2009 and directed Police Inspector, Kopargaon to investigate the matter under Section 156(3) of the Code of Criminal Procedure and to file a report. Hence, the applicants apprehend arrest and, therefore, preferred Criminal Bail Application No.22/2010 before learned Additional Sessions Judge, Kopargaon. However, no interim protection was granted to the applicants in the said application and the said application came to be dismissed by order passed by learned Additional Sessions Judge, Kopargaon, on 12/3/2010. Thereafter, the applicants have preferred the present application before this Court. 4. The material document in question in this matter is the agreement of sale which is at Page 20, which is dated 16.4.1999, on the basis of which the names of the applicants have been entered into the record of rights and apparently, the said document appears to have been forged, since the name of complainant’s 3 father namely Sitaram Bhaurao Agawan appears to have been interpolated therein at Sr.No.2 and the subsequent serial numbers of the executants have been altered by overwriting. Pertinently, the said interpolation of name of Sitaram Bhaurao Agawan i.e. father of complainant at Sr.No.2, has not been authenticated by executants. It is the allegation of the complainant that both the signatures and the names have been forged in the said document. 5. Admittedly, the said document was notarized before Notary namely Shri P.C. Dhadiwal on the said date i.e. 16.4.1999. The investigation papers disclose that the register of the Notary has been seized by the investigating agency and the entry on the said Notary Register at Sr.No.32 pertains to the above referred document of agreement of sale, dated 16.4.1999. Significantly, the said name and signature of complainant’s father namely Sitaram Bhaurao Agwan does not appear in the said register at Sr.No.32, which apparently means that, the name and signature of complainant’s father namely Sitaram Bhaurao Agawan has been interpolated and forged subsequently. Hence, it requires custodial interrogation of the applicants thoroughly. 6. Besides that, considering the aforesaid position, it is apparent that there is no question of any false implication of the applicants in the aforesaid Crime or maligning the image of the 4 applicants or to cause disrepute to their names. 7. Hence, considering the nature and gravity of the offence, I am of the view that for the purpose of investigation in proper perspective, present application deserves to be rejected. In the result, present application being sans merits, stands rejected. 8. Needless to say that the observations made in this order are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE, J.) fmp/cri1130.10