1 ABA 329.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 329 OF 2011 Mr. Anil Sinha & Ors. ... Applicants. V/s. The State of Maharashtra (at the instance of Mira Road Police Station. ... Respondent. And Mr. Ramesh Rajaram Mankar. ... Intervener. Mr. R. Sathyanarayanan i/b. Mukesh Bhagat for the Applicants. Mrs. G.P. Mulekar, APP for the State. Mr. T.K. Sinha for the Intervener. CORAM : A.M. THIPSAY, J. DATED : 15th JUNE 2011. P.C. :- Heard Mr. Sathyanarayanan, learned Advocate for the Applicants, Mrs. Mulekar, learned APP for the State and Mr. Sinha, learned Advocate for the Intervener. 2. I have gone through the entire complaint, investigation into which was ordered by the Magistrate and the Applicants 2 ABA 329.11.sxw are sought to be arrested in the F.I.R. registered on that basis. Most of the allegations are with respect of the contraventions of the provisions of Maharashtra Ownership Flats Act, for which, admittedly, a separate complaint has been filed by the Complainant and the same is pending. The complaint also mentions certain aspects of the matter, which are basically civil disputes. 3. The only allegation worth taking a notice in the context of desirability of granting anticipatory bail to the Applicants is that the Applicants have forged two documents. The first is said to be a copy of a letter dated 2.8.2008, which purports to be a No Objection Certificate, issued by the Complainant - Society, in favour of M/s. Maitry Developers - a partnership firm - in which the Applicant No.3 herein, is a partner. The other document is the letter dated 25.1.2010. This is purportedly issued by the Complainant - Society to M/s. Jay Enterprises, in which, the Applicant No.4, is a partner. 4. The letter dated 25.1.2010, has been handed over to the Investigating Agency, by the Applicants. The investigation is continuing since the month of September 2010. The 3 ABA 329.11.sxw statements of the Applicants have been recorded. The investigation appears to be almost over and what is stated to be remaining is only obtaining the original letter dated 2.8.2010. The investigation, carried out so far, reveals that what was submitted to the Municipal Corporation was itself a xerox copy. The xerox copy itself appears to be a forged document. It is, therefore, doubtful, whether any such ‘original’ document, at all, exists. The specimen writings of the Applicants have been collected. 5. The Applicants were protected by an interim order of this Court for quite some time. Even before that, they have been attending the Police Station and no need was felt by the Investigating Agency for their arrest, detention and custodial interrogation. 6. Under these circumstances, I am inclined to allow the Application. 7. The Interim order, passed on 19th April 2011, is confirmed. The Anticipatory Bail Application is disposed of, in terms of the said order. 4 ABA 329.11.sxw 8. Needless to say that the Applicants shall attend the Police Station and make themselves available for investigation/interrogation, as and when required by the Investigating Officer. (A.M. THIPSAY,J.)