{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4202 OF 2009 Anna s/o Shripati Poul Age-30 years, Occ-Labour R/o Sarola, Tq & Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Omerga Police Station RESPONDENT ....... Mr.S.A.Nagarsoge h/f Mr.N.L.Jadhav, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.115/2009 registered with Omerga police station for an offence punishable u/s 420, 467, 468 r/w 34 of the Indian Penal Code. In the said offence, investigation is over and chargesheet is filed in the Court of JMFC, Omerga and the case is numbered as RCC No.114/2009. The applicant is arrested on 17.07.2009 and {2} since then he is in custody. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. 3. It appears that an offence came to be registered on 17.07.2009 alleging that son of the complainant met with an accident somewhere in April 2006 in which he had sustained grievous injuries. It is further alleged that the complainant felt necessity of obtaining disability certificate for seeking certain concession. It further appears that instead of approaching the concerned medical officer, who has treated the son of the complainant, on advice of some persons, he contacted one lady, Rajeshree Pawar, who was working in the office of Tahsildar and requested her to provide disability certificate. It further appears that said Rajeshree Pawar demanded certain amount to provide the said certificate, which demand was satisfied and disability certificate was obtained by the complainant from said Rajeshree Pawar. Thereafter, it appears, the said certificate was produced for verification before the Civil Surgeon. As the said certificate was not issued by the Civil Surgeon, he declined to verify the same. Later on, on inquiry, it transpired to the complainant that said Rajeshree Pawar, with the help of others, has prepared the said bogus certificate. Therefore, complaint came to be registered against said Rajeshree. {3} 4. During the investigation role played by the present applicant came into picture that he had assisted in preparing the said bogus certificate. Hence, the present applicant came to be arrested on 17.07.2009. It is informed that the main accused Rajeshree Pawar is already released on bail. 5. It is urged on behalf of the applicant that since more than 5 months the applicant is in jail and the main accused Rajeshree Pawar is released on bail he also be released on bail, as now charge sheet is also filed and there is no question of applicants tampering of evidence. However, according to learned APP, considering the gravity of offence, bail be rejected. 6. Considering the submissions, it is required to consider that the offence for which the applicant is facing the charge is triable by the Court of Magistrate for which there is no punishment of life imprisonment or capital punishment. No doubt, that the offence is serious, however at the same time, the Court has also to consider that in the near future, the matter would not come on board in view of huge pendency before the Court of Magistrates. In the premise, if there is no likelihood of the case coming for early trial of the applicant who is not accused in an offence which is punishable for life or death and also in view of the fact that the main accused Rajeshree Pawar is released on bail, on the ground of parity also, the applicant deserves liberty. {4} 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. After releasing on bail the applicant shall not leave the local jurisdiction of JMFC, Omerga, without prior permission in writing either from the Investigating Officer or from the JMFC, Omerga. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4202-09