1 10.apln2262-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2262 OF 2010 1. Sayyed Habib Chand, 2. Rafique Mustafa Sayyed, 3. Sheikh Mohd. Ilyas A Gafoor, & 4. Mirza Anwar Baig Rashid. ..Applicants. Vs. The State of Maharashtra ..Respondent. .... Mr.M.S. Mohite, Advocate for the applicants. Mrs.A.S. Pai, A.P.P. for the State. Mrs.Revati Mohite-Dere, Advocate for the intervenor/orig.complainant. .... CORAM : A.R.JOSHI, J. DATED : 19TH JULY, 2010 P.C. 1. Heard rival submissions at length. So also the submissions were heard on earlier dates. 2. Today, an order dated 1st April, 2005 showing the change report, mentioning the names of the applicant Nos.2 & 3 as newly added trustees in place of earlier trustees, is 2 10.apln2262-10 produced before the Court by the Investigating Officer. On previous date, the I.O. was directed to ascertain from the signatory of the said order dated 1.4.2005 i.e. Chief Executive Officer of the Maharashtra State Wakf Board (Aurangabad) to accept or otherwise the authorship of the said letter. Today, after showing the said letter, produced by the I.O., except for the outward number, all the contents of the said letter are same regarding the present applicant Nos.2 & 3 being the trustees. Statement of the said Chief Executive Officer is also perused by this Court wherein he has specifically accepted the authorship of said letter but further clarified that said letter bears outward No.862 and not 47 of 2005. At this juncture, it may be mentioned that the present applicants are relying on the xerox copy of such change report order and which is bearing outward No.47 of 2005. However, it appears that such outward No.47 of 2005 is not concerning with such change report order. At the cost of repetition, it must be mentioned that the copy of the order relied upon by the 3 10.apln2262-10 applicant, though bears outward No.47 of 2005, it is dated 1st April, 2005 and except the outward number all the contents are same as to the copy of the order produced today by the I.O.. Again at the cost of repetition, it must be mentioned that the Chief Executive Officer has accepted the authorship of the letter. 3. When the above factual position is brought to the notice of this Court by way of production of documents, learned Advocate for the intervenor/orig.complainant and also learned A.P.P. for the State pointed out that even the outward No.862 of 2005 is concerning some other letter addressed to Jalana District Collector and not concerning with the order dated 1st April, 2005. It is further argued that even the Clerk from the office of the Wakf Board who happened to have been present on 1st April, 2005 and in whose presence such change report order came to be signed by the Chief Executive Officer, was not on duty on that particular date and as such this matter requires investigation. 4 10.apln2262-10 4. However, still for that purpose, in the opinion of this Court, the custody of the present applicants is not required. This is more so, when the main grievance of the intervenor/orig. complainant is regarding the alleged ownership of the property, of which now the Trust and consequently the present applicants being trustees are claiming their right and infact civil proceedings are also pending. Under these circumstances, present application can be allowed on imposing certain conditions to assist the investigating agency. Hence, the order:- :: O R D E R :: [i] Criminal Application No.2262 of 2010 for anticipatory bail is allowed and accordingly disposed of. [ii] In the event of arrest of the applicants -- (1) Sayyed Habib Chand, (2) Rafique Mustafa Sayyed, (3) Sheikh Mohd. Ilyas A Gafoor, & (4) Mirza Anwar Baig Rashid in C.R. No.72 of 2010 registered with the 5 10.apln2262-10 Khadak police station, Pune, they shall be released on bail on their executing P.R. bonds in the sum of Rs. 15,000/- each (Rs.Fifteen Thousand Only) with one surety for the like amount each. [iii] In the event of arrest and availing the bail as above, the applicants shall attend the concerned police station once in a week on every Monday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. The applicants shall also assist the investigating agency by giving their specimen of handwriting/signatures. [iv] The trial Court shall not be influenced by any observations made in the present order so far as merits of the case are concerned. (A.R.JOSHI,J.) ppd