{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3641 OF 2009 Vasant s/o Nanasaheb Sakat Age-44 years, Occ-Service R/o Shrigonda, Tq-Shrigonda Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.N.V.Gaware, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.370/2009 registered with Shrigonda police station for an offence punishable u/s 420 and 511 r/w 34 of the Indian Penal Code. 2. As the notice of this application was served on the respondent, learned APP has made available the papers of {2} investigation for my perusal. 3. Heard learned counsel for the applicant followed by the submissions of learned APP. 4. Perusal of the documents disclose that on the basis of a complaint lodged by one Babasaheb Devhare an offence came to be registered at crime No.370/2009 with Shrigonda police station on the allegations that though the applicant and his wife Mangal Sakat reside together as their matrimonial relations are in existence, yet on the basis of false documents of divorce, the wife of the applicant had tried to take benefit of government scheme by which power triller was to be supplied for small land holders from weaker section. Allegations against the applicant is that inspite of subsisting of matrimonial relations, by creating false documents, he helped his wife to obtain benefits of the scheme by cheating the government. 5. During the course of submissions, my attention is drawn by the learned APP towards the customary deed of divorce of applicant and his wife Mangal allegedly executed before a notary on 21.04.2005. It is stated in the said document that till the month of June 2009 there were happy married relations between the parties to the said document. From this one word it is tried to be urged that if the relations between the applicant and his wife were cordial till June 2009 then how the document came to be executed in the {3} year 2005. 6. Considering the submissions advanced before me, it is clear that the truth can be ascertained from the entries maintained by the notary before whom the document is executed and merely on that document it cannot be said that the applicant is an abater to the offence, as alleged in the complaint. In the premise, case is made out to exercise discretion to enlarge the applicant on anticipatory bail. 7. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.370/2009 of Shrigonda police station, he be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. The applicant to give attendance in Shrigonda police station on every Sunday between 3.00 and 5.00 p.m. till the filing of the charge sheet. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3641-09