1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 79 OF 2010 Sharadsinha s/o. Satyanarayasinha Choudhary, R/o. Gadipura, Nanded, Tq. & Dist. Nanded. ....Applicant. Versus The State of Maharashtra & another ....Respondent. Mr. U.B. Bilolikar, Advocate for the applicant. Shri. N.R. Shaikh, A.P.P. for the respondents. CORAM : A.V. POTDAR, J. DATE : 14th January, 2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with Cr.No. 44/2009 registered at Vazirabad Police Station, Dist. Nanded for the offences punishable under sections 420, 468, 471 of the Indian Penal Code. 2. It appears that on the complaint of one Ashoksingh Jagganath 2 Ravat this offence came to be registered at Vazirabad Police Station on 6th of March 2009. In the complaint, it is alleged that the present applicant, who is in the Government service, having annual salary in the sum of Rs. 1,20,600/-, has obtained certificate showing his income less than Rs. 30,000/-. His son i.e. the second accused in that complaint, submitted the said certificate that annual income of the present applicant is less than Rs. 30,000/- and on the basis of this certificate obtained scholarship, who is studying in Yashwant Mahavidyalaya. 3. During the course of submissions across the bar, it is urged on behalf of the applicant that neither he has applied nor he has obtained the said certificate, which is used by his son i.e. the accused No. 2 in the said complaint. The fact remains that the certificate showing annual income of the present applicant below Rs. 30,000/-, is used and on the basis of that certificate, scholarship was obtained by the son of the applicant. 4. The learned A.P.P. appearing for the State opposed the bail application on the ground that the letter received from the office of Tahsildar shows that the low income certificate which is used by the son of the applicant is not issued by that office at all. 5. Considering these submissions across the bar and on perusal of the papers of investigation, one fact is clear that the low income 3 certificate showing that the annual income of present applicant is less than Rs. 30,000/-, was used by his son. The papers of investigation shows that the alleged certificate issued from the office of Tahsildar, was not issued by that office at all. The papers of investigation clearly shows that the low income certificate was used by the son of applicant and on the basis of that certificate, benefit of scholarship has been obtained by the son of the applicant. If it is so, custodial interrogation of the applicant is necessary to discover how the low income certificate, in the name of present applicant, is obtained and utilized. In the result, the application which is sans any merit, stands rejected. [ A.V. POTDAR, J. ] ssc/ca79.10