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. 995 OF 2008. CRIMINAL APPLICATION No. 995 OF 2008. CRIMINAL APPLICATION No. 995 OF 2008. Arvind Kondiba Bansode ..Applicant. Vs. State of Maharashtra ..Respondent. Mr H. P. Ingale, Advocate for the Applicant. Mr J. P. Yagnik, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 17.6.2008. DATED: 17.6.2008. DATED: 17.6.2008. P P P.C. C. C. --- 1. Heard. 2. The applicant has moved the present application under Section 438 of Cr.P.C. for anticipatory bail in C.R. No.187 of 2007 for the offence punishable under Section 420 read with Section 34 of the I.P.C. registered with Meghwadi Police Station. 3. The above application was heard by the learned Single Judge (Mrs. N. Mhatre,J) of this Court on 3.4.2008. The application was adjourned, however, no arrest order was passed on the same day, which was extended from time to time till 5.5.2008. On 5.5.2008 matter again came up for hearing and it was adjourned after Summer Vacation and the interim protection was continued. It was, thus, not necessary for the applicant to move the Vacation Judge for urgent orders. However, the applicant took chance before the Vacation Judge and tried to get an order so as to get certain conditions of the bail order relaxed. The learned Vacation Judge did not pass any order for want of material, but granted permission to place adequate material in support of the prayer for relaxation of certain conditions. 4. The applicant in view of the above filed filed an affidavit dated 17.5.2008 and placed on record one telegram dated 8.5.2008 carrying message that his mother is unwell and in deteriorating condition, and may take her last breath. As such, the applicant was urgently required at Sholapur. 5. The above matter again came up for hearing before the Vacation Judge on 28.5.2008 who also refused to grant any order and adjourned case to 2.6.2008 for being placed before the regular Bench. When this matter was placed before this Court (Regular Bench), the applicant by an order dated 2.6.2008 was directed to produce papers relating to the hospitalization of his mother by 5th June, 2008, just to verify the genuineness of the message given, after granting time to comply with the order dated 2.6.2008. That is how, today, the matter has appeared to report compliance of the order. 6. Today, learned counsel for the applicant has produced Medical certificate issued by the Medical Officer, Rural Hospital Akkalkot, District Sholapur. Perusal of this certificate, firstly, shows that certificate is issued by the Rural Hospital, Akkalkot and not by any of the Hospital at Sholapur. Secondly, the certificate shows that the mother of the applicant was outdoor patient on 7.5.2008. She was being treated in the Hospital as heart patient. 7. Thus, two things are clear from the above certificate that the mother of applicant was never admitted in the Hospital at Sholapur and that she was a outdoor patient, that too, in the Rural Hospital at Akkalkot. 8. It is, thus, clear that the telegram was managed to seek order from the Vacation Judge. This shows tendency of the applicant to create and/or manipulate the evidence to suit his purpose. 9. Looking to the above tendency of the applicant and for having produced managed telegram containing false message, the applicant is not entitled to any discretionary relief like that of anticipatory bail. Photo copy of the medical certificate is retained on record. 10. In the result, the application is rejected. It would be open for the I.O. to proceed with investigation of the offence alleged in accordance with the law. Application stands disposed of. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)