Cri. Appln. No. 1801/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1801 OF 2011 Abdul Javed s/o. Abdul Rashid, R/o. Kurban Ali Shah Nagar, Parbhani, Tq. & Dist. Parbhani. ....Applicant. Versus The State of Maharashtra & Ors. ....Respondents. Mr. G.N. Kulkarni h/f. Mr. A.M. Karad, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. Mr. Sk. A.T. Patel, Advocate for respondent Nos. 2 to 4. CORAM : T. V. NALAWADE, J. DATED : 1st August, 2011. PER COURT : 1. This application is filed for cancellation of bail granted by Sessions Court in Misc. Criminal Application No. 96/2011 (Sessions Judge, Parbhani). The application is filed on the ground that false record was produced for getting the bail by respondent Nos. 2 to 4. The papers of investigation were made available by APP for perusal. Both the sides are heard. 2. It was submitted for present applicant that respondent No. 2 had produced false certificate issued by District Supply Officer that on Cri. Appln. No. 1801/11 2 13.2.2011 respondent No. 2 was on duty throughout the day. Now the certificate is produced to the effect that by mistake the previous certificate was issued and it is now certified that he was not on duty. The previous certificate is cancelled by the District Supply Officer. Respondent No. 3 had submitted that he was busy in doing duty in the office of Deputy Executive Engineer, Urban, Sub-Division, Parbhani from 6 pm to 7 am. Now certificate is given that the office of respondent No. 3 is not sure as to whether throughout this period he was doing the duty. Respondent No. 4 had supplied a certificate to the effect that he was admitted in hospital. Now Civil Hospital has issued certificate to the effect that respondent No. 4 had come to the hospital and he was treated on OPD basis at 8 am to 8.15 am. The certificate of the private hospital is to the effect that after 9.30 am he had gone to that hospital. 3. Surprisingly, the Sessions Court has considered the aforesaid record and the ground of alibi is considered by the Sessions Court at the time of consideration of bail application. It is expressed by this Court that the applicant is at liberty to take proper steps like filing proceedings before the same Court where false record was produced and used by respondent Nos. 2 to 4. 4. For considering the merits of the case, this Court perused the police papers. The report was given by one Abdul Javed that he was Cri. Appln. No. 1801/11 3 assaulted by using weapon like sword by Ibrahim and blow was aimed at his neck, but he avoided the blow somehow and blow hit to his cheek. He has made allegations that he sustained grievous injuries due to the assault. The injury certificate issued by General Hospital shows that one simple injury caused by hard and sharp object was found over left cheek. In view of this record, any court would have granted bail to the respondents. So on that ground the bail granted by the Sessions Court need not be cancelled. So the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1801.11