1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4623/2010 BABURAO S/O SHARANAPPA KODOLE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER Shri Sadhana S. Jadhav, Advocate for applicant. Shri N.H. Borade, A.P.P. for respondents no.1 & 2. CORAM : A.V. NIRGUDE VACATION JUDGE Date : 11th November,2010. PER COURT:- 1 Heard. 2 The applicant is seeking anticipatory bail in Crime No. 63/2010 registered Mukramabad Police Station Dist. Nanded. The offence alleged against the applicant and others are punishable under Section 463, 464, 468, 471 read with Section 34 of Indian Penal Code. 3 The applicant is a Medical Officer working in Primary Health Center at village Borhali within the local limits of Mukramabad Police Station. On 9th October, 2010 while the applicant was working in the Primary Health Center, he issued three certificates stating that one Sunita w/o Anteshwar had delivered three children at Primary Health Center between the years 1996-97 to 2001-2002. These certificates were later on used against Anteshwar to 2 alleged that he had incurred disqualification for contesting election of Gram Panchayat. On 11th October, Anteshwar made complaint that he in fact had only one child and the certificates issued by the applicant were false. On the same day, the applicant approached the Tahsildar and confessed that he had issued the certificates under pressure and that he would withdraw the same. On the same day, the objection raised against the candidature of Anteshwar was also over ruled. Thus, the false certificates issued by the applicant could not be used to cause prejudice to Anteshwar and his candidature. None the less, the police registered offence against the applicant and others. The applicant seeks anticipatory bail mainly on the ground that since all the facts mentioned above are admitted and since there is practically no need to investigate the case further as far as his role is concerned, he being a Government officer should be spared from arrest and custodial interrogation. I am inclined to accept this plea only because the false certificates issued by the applicant were not used against the victim. Besides there is practically no need for taking the applicant in custody for interrogation etc.. The applicant deserves anticipatory bail. ORDER a) In the event of arrest of the applicant in this case, he shall be released on bail on his executing P.R. Bond of Rs. 10,000/- (Rs. Ten thousand) with one surety in like amount. 3 b) The parties shall act upon copy of this order duly authenticated by Sirastedar of this Court. [A.V. NIRGUDE, J.] VACATION JUDGE ts k/