IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH:NAGPUR CRIMINAL APPLICATION NO.1332/2008 Dr. Anil Warade and anor ..vs.. State = ================================ CORAM: S.R. DONGAONKAR, J. DATE:6.6.2008 Heard Mr. Sirpurkar, Advocate for the applicants & Mr. Patel, A.P.P. for state. Interim relief was granted to the applicants on 7.4.2008. It was observed therein that the learned counsel for the applicants stated that the applicants have provided the cattle to the concerned and in fact they were insured and against them fodder was also provided to the concerned persons. Applicants have filed affidavits of three beneficiaries to show that they had received the cattle and fodder as per the scheme. Learned A.P.P. contended that there were some persons who had not received the said cattle despite there were documents to show, which are falsely executed, that they have not received the said cattle. Learned A.P.P. has filed additional affidavit to show that the offence was registered on the complaint made by one Geetabai one alleged beneficiary & the other alleged beneficiaries, allegedly made statements before the I.O. namely Sau. Vatsala Dagdu Tathe, Sau Kausalya Namdeo and Sau Archana Arun Chavan, to the effect that they have not received the cattle, (she buffaloes) as per the scheme though documents were got executed from them. Thus it appears that there are some affidavits on record showing that cattle as per the scheme were received by them, whereas there are statements of some witnesses to the effect that they have not received the said cattle. It is necessary to bear in mind that the complaint is lodged in the present case quite late. It is specifically submitted by the learned counsel for the applicants that the persons who have made statements before the I.O. that they have not received cattle, in fact received the cattle fodder for the same. In such circumstances, the possibility of false implication or implication on suspicion of the applicants cannot be overruled. Therefore, the applicants would be entitled for anticipatory bail. However, subject to conditions as in the interim order. In the event of arrest of the applicants for the offences punishable under section 406, 420, 468, 471, 506 r/w 34 of I.P.C. in Crime No.22/2008 of P.S. Khamgaon, they be released on bail o furnishing surety and PRB of Rs.25000/- each, subject to conditions that he shall report at P.S. Khamgaon, as and when directed by the I.O. for the purposes of investigation in writing and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in prima facie view of the matter and therefore, they shall not influence the learned trial Judge in any way while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE smp