1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 262 OF 2011 ( Fakchand Bhura Baniya & 2 Ors. Vs. State of Mah. PSO Koradi Nagpur) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. A. Naik Adv for applicant. Shri Thakre APP for non applicant/State. Shri P.S. Khubalkar Adv to assist prosecution. CORAM: M. N. GILANI J. DATED: 4th AUGUST, 2011. . This is an application under Section 438 of Criminal Procedure Code, for issuing directions to P.S.O Koradi for releasing the applicants on bail in the event of their arrest in Crime No. 93 of 2011 registered against them under Sections 420, 468 and 471 read with Section 34 of Indian Penal Code. One Hemraj left behind him two sons namely Bhura and Tilakchand Baniya. The present applicant is son of Bhura. Nandkishor is son of Tilakchand. The dispute between the applicant No. 1 and Nandkishor is in respect of the land bearing 2 Kh.No. 174 P.H. No. 12 of Taluka and District Nagpur area 6.60 H.R. Applicant No.1 claims that this is an ancestral property, although in the revenue record it is recorded in the name of Nandkishor. First Information Report was lodged by Nandkishor alleging that the applicants and others forged the documents and made application to the Electricity Distribution Company for electricity connection. The applicants moved the learned Additional Sessions Judge for the relief under Section 438 of Criminal Procedure Code. Learned Additional Sessions Judge by order dated 16.07.11 rejected the application. Shri Naik, learned counsel for the applicants contended that, whatever documents submitted to the Electricity Distribution Company are genuine. So far as the possession receipt (Kabja- patra) is concerned, he is not the author of the said document. Rest of the documents are genuine and neither offence of forgery nor of cheating is committed by the applicants. Perused the case diary. On 07.07.11 the Assistant Engineer informed to the Investigating Officer that while submitting the application for electricity connection the applicant no.1 had submitted in all 6 documents which include possession receipt (Kabja-patra). In this view of the matter, even if the 3 applicant no.1 at this stage disowns his signature on this document, it would not advance his case. From the letter dated 7.7.11 signed by the Assistant Engineer, it is clear that this document was submitted by the applicant no.1. Thus his custodial interrogation to unfold the controversy, is necessary. Primafacie the offence of preparing false document is made out. As against applicant n o.2 Ganesh Baniya and applicant no.3 Deepak Baniya, learned APP pointed out that their role was to collect the documents from Village Panchayat and other authorities. In fact, it is the case of the applicant no.1 that the documents except possession receipt (Kabja-patra) are genuine. Without going into the details of the controversy, it appears that role played by applicant nos. 2 and 3 appears to be that of messenger in collecting the documents. Nothing more, whatsoever can be attributed to them, hence the order: Application, so far as it relates to applicant no.1 Fakchand s/o Bhura Baniya, is rejected. Application, so far as it relates to applicant No.2-Ganesh Amarnath Baniya and the applicant no.3 Deepak Jeevan Baniya, is allowed. In the event of arrest of applicants 2-Ganesh and 3- Deepak, they be released on their executing PR bond in the sum of 4 Rs. 5000/- each with two sureties each in the like amount to the satisfaction of the Sessions Judge Nagpur, on the condition that they shall attend Koradi Police Station as and when called till the filing of the charge sheet. JUDGE svk