1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1143 OF 2010 Shaukatkhan s/o Ahmedkhan Pathan & ors. ...Applicants VERSUS The State of Maharashtra & ors. ...Respondents ..... Shri C.V. Thombre, Advocate for the applicants Shri P.P. More, A.P.P. for the respondents, assisted by Shri M.C. Syed, Advocate holding for Shri Yunus Pathan, Advocate for original complainant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 23rd April, 2010. PER COURT : 1. Heard Mr. C.V. Thombre, learned counsel for the applicants as well as heard Mr. P.P. More, learned A.P.P. for the respondents, assisted by Shri M.C. Syed, learned counsel holding for Shri Y.B. Pathan, learned counsel for original complainant. 2. This is an application preferred by the applicant Nos.1 to 3, seeking anticipatory bail, apprehending their arrest under C.R. 2 No.I-48/2010, registered at Kadim Jalna Police Station, for the offences punishable under Sections 420, 468, 469 read with Section 34 of the Indian Penal Code. 3. It appears that, the offence has been registered on the complaint lodged by the complainant namely Shaikh Zafar Shaikh Afsar on 5.3.2010, alleging that, the complainant is a teacher and serving in Dr. Zakir Hussain Education Society at Parbhani and Secretary of Alam Nawaz Jung Education Society, Seoli, bearing Registration No.F-157. It is also alleged that, the applicant No.1 was the President of the above Society and runs Mohd. Ali Zauhar Urdu High School at Seoli. It is further alleged that, due to his behaviour and illegal acts as President, the members and other office bearers including the complainant passed resolution on 6.9.2009 and filed the change report to the office of Assistant Charity Commissioner at Jalna and the complainant has been selected as Secretary of the said Society. 4. It is also alleged that, Government of Maharashtra has declared grants of Rs.2,00,000/- for minority education institutions. However, in order to grab the said amount, the applicant No.1 i.e. ex-President and applicant Nos.2 and 3 submitted a proposal to Minority Development Section, Collectorate, Jalna. It is further 3 alleged that, the Government has sanctioned amount of Rs. 2,00,000/- for infrastructure development for minority institutions and it is alleged that, in order to receive the said amount, the applicants prepared false documents and submitted false proposal to District Planning Officer, Jalna. Accordingly, it is alleged that, the applicants have prepared forged documents in order to receive amounts sanctioned by the Government under the scheme of Minority Education and thereby cheated the said institutions as well as Government. 5. The learned counsel for the applicants invited my attention to the aspect that, the applicant No.1 herein had already filed complaint against the complainant herein and other co- accused persons on 18.1.2010 i.e. prior to the complaint in question in the present matter for the offences punishable under Sections 420, 468, 471, 473 and Section 34 of the Indian Penal Code and copy thereof is annexed at Pages 17 and 18 of the compilation of the present application and, therefore, the complainant herein has filed the present complaint falsely against the applicants herein as a counterblast to the said complaint. It is further submitted by the learned counsel for the applicants that, the change report has been submitted before the Assistant Charity Commissioner, but same has not been approved by the said 4 authorities so far, as well as the Government has not disbursed the grants so far. Apart from that, it is submitted that, all the documents are in possession of the concerned authorities and applicants are not in possession thereof and, therefore, it is urged that, there is no necessity of custodial interrogation of the applicants, contending that the applicants have been implicated in this case falsely. 6. Mr. P.P. More, the learned A.P.P. for the respondents, assisted by Mr. M.C. Syed, learned counsel appearing for the original complainant opposed the present application and submitted that the statements of witnesses have been recorded during the course of investigation and the investigation is still under progress and, therefore, submitted that present application be rejected. 7. On perusal of investigation papers as well as considering the rival submissions advanced by both the learned respective counsel for the parties, at the outset, it is seen from the record that the interim protection was granted to the applicants by this Court by order passed on 24.3.2010 and applicants were directed to attend the concerned police station as and when required and shall cooperate in the investigation. In the said context, learned counsel for the applicants made a statement, on 5 instructions, that the applicants were never called for interrogation purpose from 24.3.2010 till the date i.e. for one month, which itself indicates and it appears that, the respondents are not serious for interrogation of othe applicants herein. 8. Apart from that, the applicant No.1 has filed the complaint against the complainant herein Shaikh Zafar Shaikh Afsar and other co-accused persons on 18.1.2010 for the offences under Sections 420, 468, 471, 473 and Section 34 of the Indian Penal Code and the complaint in question in the present matter appears to have been filed subsequently i.e. on 5.3.2010 and, therefore, apparently, there are cross complaints because of disputes in the managing committee members of the aforesaid society and, therefore, possibility of false implication of the applicants in the present offence cannot be ruled out. 9. Besides, as contended by learned counsel for the applicants, the alleged documents are in custody of the respective authorities and the said documents will speak for themselves and hence, applicants have made out the case for grant of anticipatory bail. 10. In the result, present application is allowed and interim 6 protection granted to the applicants by order dated 24.3.2010 stands confirmed and it is directed that, in the event of arrest of the applicant Nos.1 to 3 under C.R. No.I-48/2010, registered at Kadim Jalna Police Station, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing P.R. bond in the like amount by each of them, on the following conditions: (i) The applicant Nos.1 to 3 shall attend the concerned police station as and when required, on written intimation, and shall cooperate in the investigation. (ii) The applicant Nos.1 to 3 shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 11. Needless to say that, the aforesaid anticipatory bail granted to the applicant shall be in force till filing of the charge sheet. it is also made clear that, the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri1143.10