1 ABA.186-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.186 OF 2011 1. Mohd. Aslam Shami Sardar, 2. Mohd. Arif Shami Sardar, 3. Mohd. Akhtar Shami Sardar, & 4. Mohd. Asif Shami Sardar. .. Applicants. Versus The State of Maharashtra .. Respondent. .... Mr.Naveen Chomal, Advocate for the Applicants. Mr.Shaikh Mohd. Imran, Advocate for Orig.Complainant. Mr.Y.M. Nakhwa, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 25th MARCH, 2011. P. C. : 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicants apprehending their arrest in M.E.C.R. No.28/2010 punishable under Sections 467, 468, 324, 506(2) of Indian Penal Code registered with Bhoiwada police station, Bhiwandi, District – Thane. 2. Main allegations against the applicants who are real brothers of the original complainant are that they have prepared 2 ABA.186-11 false and fabricated deed of partition dated 12th February, 2008 wherein the immovable property earlier belonging to the father of the parties was divided amongst the brothers and mother. According to original complainant (who is now intervenor in the present application), he had not signed on the said partition deed. Said partition deed is notarized document and noted and registered at Sr.No.670/2008 on 12.2.2008 i.e. the date of the said deed. It is prepared on the Rs.100/- stamp paper. According to the complainant half portion of the ground-floor area of plot No.635/1 at Bhiwandi was given to him by way of gift by his father and as such except that portion the other property of his father was infact liable to division. 3. During the arguments, learned Advocate for the applicants pointed out that apart from such partition-deed dated 12th February, 2008, which is allegedly forged one as alleged by the original complainant, on 29th June, 2008 there was similar such deed of partition entered into between the brothers – including the original complainant and the present applicants. Said deed was prepared in vernacular Urdu and bearing signatures of all the concerned 3 ABA.186-11 parties, including the original complainant. On the contents of said deed which is in Urdu and prepared before the community members of the community to which the parties belong, it is conceded on behalf of the complainant/intervenor that he had signed on the said deed and he had not disputed exhibition thereof, but, still maintained that the partition deed was never signed by him. Said partition deed has been used by the applicants for the purpose of separation of taxes on the residential premise in occupation of each of the heirs of their deceased father. Such deed was produced before the Municipal Authorities. By pointing out this, it is argued on behalf of the applicants that custodial interrogation of the present applicants is not necessary and they are ready and willing to cooperate with the investigating agency and to attend the police station as and when called. 4. Considering the rival submissions and considering the allegations revealed against the applicants and still considering that the matter is arising out of immovable property in which the applicants and the original complainant has some share, the present application for anticipatory bail can be allowed with certain 4 ABA.186-11 conditions imposed on the applicant as to attendance etc. Hence, the order : :: O R D E R :: [i] Criminal Application No.186 of 2011 for anticipatory bail is allowed and accordingly disposed of. [ii] In the event of arrest of the Applicants – [1] Mohd. Aslam Shami Sardar, [2] Mohd. Arif Shami Sardar, [3] Mohd. Akhtar Shami Sardar, & [4] Mohd. Asif Shami Sardar, in M.E.C.R. No.28/2010 registered with Bhoiwada police station, Bhiwandi, District – Thane, they shall be released on bail on their executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) each, with one surety each in the like amount. [iii] In the event of arrest and availing the bail, as above, the Applicants shall attend the concerned Police Station on every Sunday between 10:00 a.m. to 12:00 noon, till filing of the chargesheet. (A. R. JOSHI, J.) PPD