1 APPLN-135-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.135 OF 2011 Mrs.Genevieve Ronald Rodrigues @ Genevieve Henriques. .. Applicant. Versus The State of Maharashtra & Anr. .. Respondents. .... Mr.Rishi Bhuta, Advocate a/w. Mr.Sachin Pande, Advocate for the Applicant. Mr.Y.M. Nakhwa, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 22nd MARCH, 2011. P. C. : 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the Applicant apprehending her arrest in C.R. No.06 of 2011 registered with Gorai Police Station, Mumbai on 18.1.2011. 2. The allegations against the Applicant are that she had conspired with co-accused and fabricated various documents including the will of one woman by name Rose Mary Cosmos Prementa and thereby obtained probate from the competent Court 2 APPLN-135-11 and transferred the immovable property belonging to the said Rose Mary Cosmos Prementa in the name of said Applicant. It is also alleged that on the strength of such probate, the Applicant had entered into conveyance with some third-party regarding the property described in the will and which was recorded in the name of the Applicant in the record of rights. The complainant alleged to be the occupier and having easementary rights over the said property and that till the year 1968 his name was entered in the record of rights as occupier. However, subsequently in the year 2009 he found out that his name was struck-off and instead of that the name of the present Applicant was entered in the record of rights, and thereafter it was revealed that various documents were fabricated including the death certificate of said Rose Mary Cosmos Prementa. 3. During the arguments on behalf of the State, attention of this Court is drawn towards the statement recorded on 24th January, 2011 of one Dezel Anthony Hendrix, the elder brother of the applicant. In the said statement, it is mentioned that in village Gorai or in village Kulvem there was no any woman by name Rose 3 APPLN-135-11 Mary Cosmos Prementa residing and there was no any relation of any of the family members of the said Dezel with said woman. It is further mentioned in the statement that, since the year 2002 the present Applicant had left her house and since then her whereabouts were not known. It is also brought to the notice of this Court that in the death certificate of Smt.Rose Mary Cosmos Prementa, it is mentioned that burial rites were performed in the Church at Gorai at 4:00 p.m. on 4th August, 2007 after said Rose Mary Cosmos Prementa died on 3rd August, 2007. During the investigation, it was revealed by the Investigating Officer through the letter from the said concerned Church that on the relevant day of 4th August, 2007 there was no any such occasion of burial rites performed for any woman by name Rose Mary Cosmos Prementa. 4. Attention of this Court is also drawn towards the death report seized during the investigation from the office of the Municipal Corporation in which in column No.8 the religion of the deceased Rose Mary Cosmos Prementa is mentioned as Hindu. Said information has been given by co-accused by name Mr.Trevor F. Godinho. 4 APPLN-135-11 5. It is further submitted on behalf of the State that custodial interrogation of the present applicant is necessary in order to find out the truth as to whether the information given in the death certificate is true and correct and to find out the authenticity or otherwise of the alleged will, probate of which is already taken. It is further argued that one of the attesting witness of the said will during his statement before the Police had denied having signed on any such will and even knowing any lady by name Rose Mary Cosmos Prementa. 6. Considering the above factual position, it would not be in the fitness of the situation to grant pre-arrest bail to the present applicant. Hence, the order : :: O R D E R: [I] Criminal Application No.135 of 2011 for anticipatory bail stands rejected. (A. R. JOSHI, J.) PPD