IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.577 OF 2009 Popat Shivram Jagtap ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.K. Shinde i/b Shri Sagar Kasar for Applicant Mrs.M.H. Mhatre, APP for State. ---- ALONG WITH CRIMINAL APPLICATION NO.578 OF 2009 Sukhdev Laxman Tajjanpure ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.K. Shinde i/b Shri Sagar Kasar for Applicant Mrs.M.H. Mhatre, APP for State. ---- ALONG WITH CRIMINAL APPLICATION NO.579 OF 2009 Gokul Nimba Deore ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.K. Shinde i/b Shri Sagar Kasar for Applicant Mrs.M.H. Mhatre, APP for State. ---- CORAM: V.M. KANADE J. DATED 10TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. In the above applications, Applicant Popat Jagtap is the Naik Tahasildar, Applicant Sukdeo Laxman Tajanpure is the Talathi and Applicant Gokul Nimba Deore is a lawyer. It is alleged by the Complainant that a relinquishment deed was prepared at the instance of Ramesh Deoram Ekmode, who was the nephew of the Complainant and in the said deed of relinquishment his signature was forged by Ramesh Ekmode and his interest was relinquished in favour of the said Ramesh Deoram Ekmode. It is alleged that Shri Deore had identified the signature of the Complainant on the said deed of relinquishment. The other persons who had signed the relinquishment deed have not disputed the execution of the relinquishment deed. However, the Complainant alleges that the said relinquishment deed was, thereafter, presented before the Talathi for making a change in the record of rights, which was certified by the Naik Tahasildar. These three Applicants, therefore, have an apprehension that they are likely to be arrested in the complaint filed by the Complainant. 3. Shri Shinde, the learned Counsel appearing on behalf of the Applicants submitted that the Naik Tahasildar and Talathi had acted on the basis of the document, which was presented before them and have made a change in the record of rights. The Applicant Gokul Deore had identified the signature of the Complainant. In the present case so far as the Naik Tahasildar and Tahalsidar are concerned, apparently they had acted in the usual course of business and have recorded the change in discharge of their official duties. There is no material on record to indicate that they had knowledge that the said signature was forged by Ramesh Ekmode. Even otherwise, the handwriting experts' opinion has not been obtained by the Investigating Officer to ascertain whether, in fact, the said signature was forged by Ramesh or the Complainant himself had signed. 4. Under these circumstances, the custodial interrogation of these Applicants, in my view, is not necessary. The Applicants, therefore, in the event of their arrest in connection with an offence punishable under sections 420, 461, 465, 471 r/w. 34 of the Indian Penal Code vide C.R. No.2 of 2009 registered at Tryambakeshwar Police Station be released on bail in a sum of Rs.5,000/- each with one or two sureties in the like amount. They shall, however, co-operate with the police and report to the concerned police station, as and when called. 5. Application is disposed of. V.M. KANADE J.