1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2754 OF 2010 1. Sheshrao S/o.Dashrath Dabhade, Age-48 years, Occu-Agriculture, R/o.Kesharsingpur, Aurangabad 2. Smt.Narmadabai W/o.Mannalal Agrawal, Age-57 years, Occu-Household and Agriculture, R/o.Nakshatrawadi, Tq. and Dist. Aurangabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.V.G.Mete, learned counsel for applicants. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 20/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.236/2010, registered in Kranti Chowk Police station of Aurangabad. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 2 3. It appears that the said offence came to be registered on the complaint of one Madanlal Agrawal, who claimed to be nephew of deceased Mannalal, of whom the second applicant is claiming to be the wife. It is revealed from the complaint that the second applicant had approached the Court of Civil Judge, S.D. Aurangabad to obtain succession certificate in respect of the properties left by deceased Mannalal. On the basis of succession certificate issued by the Civil Judge, S.D. Aurangabad, she got her name entered in the revenue record and then out of the 4 properties mentioned in para no.2 of the complaint, she tried to sell one of the property. First applicant is the signatory to the Deed of Conveyance. At that time, the first applicant approached the complainant Madanlal and according to him, now he came to know about the succession certificate issued by the competent Civil Court as according to him, one Suryakalabai is the real wife of deceased Mannalal and not Narmadabai. On that basis, as the complaint came to be lodged, the applicants are before this Court for their release on anticipatory bail. 4. Learned APP opposed the application on the ground that the contents of the complaint demonstrates that the offence was committed by the second applicant. 5. Very basic principle of Law is that when the decree or order is passed by the competent civil court, then unless and until it is set aside, the judgment and order have got binding effect on all. Apart from it, it is a general rule about the judgment and decree passed by 3 the Civil Court that they are binding on the parties to the litigation only and not on others. But there is exception to this general rule that the order and judgment passed by the Court of Admiralty, Court of Probate, Court having matrimonial jurisdiction and the Court of Insolvency are even binding on all the persons, those who are not party to the litigation as the nature of order and judgment passed in these 4 proceedings are judgment-in-rem and not in personam. Here, order of issuance of succession certificate was passed by the competent court of law. So far as the papers of investigation are concerned, it do not indicates that this succession certificate issued in favour of 2nd applicant is set aside either by the Appellate Court or by the same court on the application of either Madanlal or Suryakalabai. It is to be noted that if an order is obtained fraudulently or by mis-representation or by coercion, then to that effect, there must be observation in the order or judgment which is allegedly obtained by fraudulent means. In absence of any such observations by the competent Court of Law, it can not be presumed that the order of decree is obtained by using fraudulent means. Considering all these aspects and the nature of litigation of which the complaint is filed, is of civil nature and if it is so, no custodial interrogation of the applicants is necessary. In the premise, case is made out to exercise the discretion of this Court. Resultantly, following is the order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicants in connection with CR No. 4 236/2010, registered in Kranti Chowk Police Station of Aurangabad, the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After their release on bail, the applicants to co-operate the investigation agency. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2754-10