1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1160 OF 2010 Madhav s/o Kisan Sapkale ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri C.R.Deshpande, advocate for the applicant Shri K.S.Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13th April, 2010 PER COURT : 1 Heard Shri C.R.Deshpande, advocate for the applicant and Shri K.S.Patil, A.P.P. for the respondent. 2 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest under CR No. 59 of 2009, registered by Nandurbar city police station, District Nandurbar, for the offences punishable under Sections 420, 468, 471 r/w 34 of the Indian Penal Code. 2 3 It appears that the offence has been registered on the complaint lodged by the complainant, namely Deputy Superintendent of Police, Vigilance Cell for the Scrutiny Committee of caste claims of Schedule Caste and Schedule Tribe, Nandurbar Shri Chandrakant Thakurdas Sugandhi. Apparently the name of the applicant has not been reflected in the said complaint/first information report. However, the applicant apprehends his arrest under the said crime contending that it is alleged that the caste certificate issued in the name of the applicant herein was found to be issued on the form which was allegedly misplaced from the office of the Caste Scrutiny Committee, Nandurbar. The said certificate is purportedly issued by one Mr. Shewale who also is a suspected accused and is absconding. 4 It is alleged that on 22.3.2009, one Kailas Bhika Chavan, resident of Bhalgaon, Taluka Erandol complained with the office of Caste Scrutiny Committee, alleging that the caste certificate of Tokare Koli, issued to one Bhila Ramdas Koli which was submitted by him while contesting the election of Zilla Parishad is false and requested to make the inquiry in that respect. It is also alleged that during the inquiry it was revealed 3 that the offence was committed by the official staff of the Schedule Caste and Schedule Tribe Scrutiny Committee at Nandurbar and it was found that blank caste certificates bearing nos. 111168 to 111176 were missing from the office and some caste validity certificates were forged and fabricated on the said missing forms and the applicant was found to be in possession of said caste certificate. 5 On the afore said background, learned counsel for the applicant canvassed that the caste certificate issued to his cousin brother was validated by the Scrutiny Committee and there is no question of any falsity of the caste certificate issued to the applicant. As regards the caste certificate issued in the name of the applicant, learned counsel for the applicant submitted that the interim protection was granted to the applicant in the present application and the applicant is ready and willing to attend the concerned police station and cooperate in the investigation, and therefore, urged that the interim protection granted to the applicant be confirmed by allowing the present application. 6 Shri K.S.Patil, learned A.P.P. has no objection, if interim protection granted to the applicant is confirmed, allowing the present application, but with direction to the applicant to attend 4 the concerned police station and to cooperate in the investigation. 7 In the result, present application is allowed and interim protection granted to the applicant on 24.3.2010 stands confirmed and it is directed that in the event of arrest of the applicant in connection with CR No. 59 of 2009 registered at Nandurbar city police station, the applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions :- (i) The applicant shall attend the police station as and when required and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1160.10