1 CR.APL NO.2338/2008 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 918. CRI.APPLN/2338/2008 (THE STATE OF MAHARASHTRA AND ANR V/S JAWAHAR SHANTILAL SHAH ) J In APPLN/1426/2008) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.H.Dighe, APP and Mr.N.V.Bhavar, Adv., to assist A.P.P.,for the applicant. Mr.S.S.Jadhav, Adv., for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE: 13.1.2011 1. Heard. Grant of relief in terms of Section 438 Cr.P.C. by this Court to respondent Jawahar Shah is questioned by the State as well as Liquidator of the Bank. The principal contention is in internal page no.12 of the order of this Court dt.30.4.2008 (referring to para 13 thereof). There is observation, "however, he has filed a certificate showing that the loan amount is repaid by him". The Court further observed, "if the certificate filed by him is to be controverted and to be disputed, then the State is at liberty to apply for cancellation of the bail if it is found to be false one". Naturally, the State has to 2 CR.APL NO.2338/2008 inform that the certificate is a false preparation. There is no averment anywhere in the application of the State or of the Bank that the said certificate is false. Several other contentions raised by Mr.Bhavar, pointing liability of each of the Director or observation of this Court in subsequent order dt.3.7.2008 concerning Chairman of the Bank, has no relevance to the controversy at hand. 2. To repeat, there is nothing to suggest that based on a fabricated certificate dt.28th April, 2004, this Court was swayed in passing orders in favour of the respondent. No situation to interfere with the order releasing the said respondent on pre-arrest bail. 3. Application dismissed. Since matter is quite old, the learned Judge seized with the criminal prosecution shall ensure its expeditious disposal. (K.U.CHANDIWAL) JUDGE ... AGP/2338-08crapl