IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 474 OF 2009 CRIMINAL APPLICATION NO. 474 OF 2009 CRIMINAL APPLICATION NO. 474 OF 2009 Merchant Osman Ibrahim ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Sr.Counsel i/b. Mr.Sachin Azmi for the Applicant. Mr.D.P. Adsule, APP for the Respondent. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 3, 2009 DATED : FEBRUARY 3, 2009 DATED : FEBRUARY 3, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. A complaint has been filed by M/s.Godrej & Boyce Company in which it is alleged that one Kudia Mohammed Uzer Rafiq and the present applicant obtained Visa from the Chinese authorities on the basis of forged invitation letter by representing that they were employees of Godrej & Boyce Manufacturing Co.Ltd. Kudia Mohammed Uzer Rafiq on the basis of said Visa went to China and while coming back, he was arrested. The travel agent who prepared the forged documents also was arrested. - 2 - 3. The learned Senior Counsel for the applicant submitted that the applicant had not utilised the said Visa. He further submitted that he was not aware that the travel agent had, on the basis of a forged invitation letter, obtained Visa. It was further submitted that this Visa was, in fact, cancelled by the Chinese authorities on the application made by the applicant herein and a fresh Visa was granted to him. It was submitted that the allegation against him is that he had cheated the Chinese authorities. It was submitted that the Chinese authorities had not filed any complaint against cheating and in fact, they had issued a fresh Visa to the applicant. It was further submitted that the Visa which was allegedly obtained on forged documents, was not used, therefore, provisions of Section 468 would not be attracted. 4. The said submission cannot be accepted. The other applicant already has been arrested and is released on bail. The travel agent who had prepared the forged invitation letter also was arrested. Taking into - 3 - consideration the serious allegations which are made by forging the letter of invitation issued by the complainant and the forged documents which were prepared for the purpose of obtaining Visa, in my view, considering these facts, this is not a fit case for grant of anticipatory bail. The applicant may, however, apply for regular bail. 5. The applicant shall surrender before the police within one week from today and apply for regular bail. If application for regular bail is filed, the same may be decided, expeditiously, by the Magistrate. For a period of one week, therefore, the applicant shall not be arrested in connection with the said offence. 6. The application is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)