1 901 cri.aba 421.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 421 OF 2011 Avinash Shriram Bachuwar ..Applicant. Vs. State of Maharashtra ..Respondent. Mr. Shailendra S.Kanetkar for applicant. Ms. A.P. Mane, APP for State/respondent. CORAM : K.K.TATED, J. VACATION JUDGE, DATED : 16th May, 2011. PC: Heard the learned counsel for the parties. 1 This is an application u/s.438 of Cr.P.C. by the applicant for grant of anticipatory bail. 2 The Sadar Bazar Police Station Solapur on the complaint of Sou. Saroj Suyograo Bachuwar registered offence u/s.420, 468, 471 r/w. Section 34 I.P.C. against the applicant. The applicant apprehending arrest submitted application before the II Ad Hoc Addl. Session Judge Solapur for grant of anticipatory 2 901 cri.aba 421.11.doc bail. The learned Public Prosecutor by his say dated 25th April, 2011 opposed the application. The learned II Ad Hoc Addl. Session Judge, Solapur on hearing the counsel for the applicant and the P.P. rejected the application on the ground that the custody of the applicant is necessary to ascertain whether the signature of deceased Jayvant Shivajirao Patil on the application for revised plan was forged by the applicant. 3 Hence, the applicant has approached this court for grant of anticipatory bail. The A.P.P. has opposed the application on the same ground on which it opposed before the Addl. Sessions Judge. 4 The facts giving rise to the complaint are that Jayvant Shivajirao Patil and Arvind Rajpal Jadhao owned plot No.18 G.No.158/1B at Majarewadi Solapur. They executed power of attorney in favour of M/s.Aishwarya Developers on 19.12.2001. That firm is run by Avinash Shriram Bachuwar. Shri Jayant S. Patil, one of the owners died on 12th August, 2003. The accused, applicant applied for building permission on 24th October, 2007. Permission was granted by Solapur Municipal Corporation on 20th March, 2008. Thereafter the applicant-accused submitted revised plan along with documents on 30th July, 2008. The 3 901 cri.aba 421.11.doc revised building permission was granted on 25th August 2008. On 17th September, 2008, the applicant moved an application in the name of Jayvant Shivaji Patil for completion certificate. The documents submitted by the applicant with Solapur Municipal Corporation included documents purporting to have been signed by the owner Jayvant S. Patil who died long back. 5 In the investigation, it is necessary to find out who forged the signature of Jayvant S. Patil, who died on 12th August, 2003, on the documents submitted by the applicant while applying for the revised plan on 30th July, 2008. For this purpose, the police in the investigation of the crime require the custody of the applicant. As the documents were submitted by the applicant, he is suspected to have forged the signature of the deceased Jayvant S. Patil. As the custody of the applicant is required for the purpose of investigation, taking into consideration the serious nature of the offences, the anticipatory bail cannot be granted. 6 Hence, the application stands rejected. (K.K.Tated, J.)