1 CRI.APP.NOS.1593,1594 & 1596 OF 2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1593 OF 2009. Ashok s/o Bhimrao Mandale. ...Applicant. Versus The PSO, Kadim Jalna Police Station, Jalna. ...Respondent. WITH CRIMINAL APPLICATION NO.1594 OF 2009. Manzoor Ahmed s/o Gulam Ahmed ...Applicant. Versus The State of Maharashtra, Through the PSO, Kadim Police Station, Jalna. ...Respondent. WITH SCRIMINAL APPLICATION NO.1596 OF 2009. 1. Mangalabai w/o Laxminarayan Agrawal (Gidhodia). 2. Urmila d/o Laxminarayan Agrawal (Gidhodia). 2 CRI.APP.NOS.1593,1594 & 1596 OF 2009. 3. Sandeep s/o Laxminarayan Agrawal (Gidhodia). ...Applicants. Versus The Police Station Officer, Kadim Police Station, Jalna. ...Respondent. ... Mr. Hemant Surve, Advocate for the applicants in all the applications. Mr.N.H.Borade, APP for the respondent/State in all the applications. Mr.R.S.Dhamangaonkar, Advocate for the original complainant, to assist the prosecution. ... CORAM: A.V.NIRGUDE,J. Date : 7th July, 2009. COURT'S ORDER: 1. All these applications can be decided by this common order. 2. The applicants are seeking anticipatory bail in Crime No.38/2009 registered at Kadim Jalna Police Station, Jalna, Dist.Jalna. The applicants are charged under Sections 420, 465, 466, 467, 471, 474 & 120-B of the Indian Penal Code and under Section 135 of the Bombay Police Act. 3 CRI.APP.NOS.1593,1594 & 1596 OF 2009. 3. It is alleged that the applicant in Criminal Application No.1594/2009 by name Manzoor Ahmed s/o Gulam Ahmed produced on Civil Court's record a document. It was the case of applicant Manzoor that this document was a certified copy of a sale deed which was executed and registered in 1953. He said, he obtained the certified copy on 26th of January, 1998. Applicant Manzoor relied on this document to prove his title to certain property which was the subject matter of the civil litigation. The complainant was Manzoor's adversary in the civil litigation. He suspected the genuineness of this document and thus filed the present complaint. Manzoor had ample opportunity to prove this document and even prove the original sale deed of which the document in question, is alleged certified copy. However, applicant Manzoor did not lead any evidence to prove the genuineness of the document. The applicant Manzoor's claim to the said property based on the document in question, came to be rejected lastly by the District Judge, Jalna. 4. There is strong prima facie case that the document in question is a forgery and it is Manzoor who produced it on record and so he is duty bound to answer the question about the genuineness of the document. In my view, applicant Manzoor is not entitled to anticipatory bail, as his custodial 4 CRI.APP.NOS.1593,1594 & 1596 OF 2009. interrogation is necessary to investigate as to how did he get the document etc. 5. As regards the other applicants namely Ashok, Mangalabai, Urmilabai and Sandeep, it is said that they supported Manzoor in civil litigation. It is further stated that they resisted the complainant's execution proceedings and avoided delivery of possession of the disputed property back to the complainant. However, apparently they do not seem to have any concern to the document in question. They are apparently not party to the procurement of the document, I think they are entitled to the anticipatory bail. (i) Application Nos.1593/2009 and 1596/2009 are allowed. (ii) In the event of their arrest, in this case, the applicants Ashok Bhimrao Mandale, Mangalabai w/o Laxminarayan Agrawal (Gidhodia), Urmila d/o Laxminarayan Agrawal (Gidhodia) and Sandeep s/o Laxminarayan Agrawal (Gidhodia), shall be released on bail of Rs.5,000/- (Rs.Five Thousand only) each, with one surety in the like amount each. (iii) Criminal Application No.1594/2009 filed by Manzoor Ahmed s/o Gulam Ahmed stands rejected. 5 CRI.APP.NOS.1593,1594 & 1596 OF 2009. (iv) Mr.R.S.Dhamangaonkar,learned Advocate is permitted to assist the prosecution on behalf of the original complainant. Criminal Application Nos.1689, 1690 & 1691/2009 stand disposed of. (A.V.NIRGUDE,J.) lkp.