1 BA 1386-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1386 OF 2011 Hemant Chandrakant Dangat .Applicant V/s. The State of Maharashtra .Respondent WITH CRIMINAL APPLICATION NO.1388 OF 2011 Mahadeo Raghunath Sangle .Applicant V/s. The State of Maharashtra .Respondent Mr.A.P.Mundargi, Sr.Counsel with Mr.Prashant Patil, Advocate, for the Applicant in Cri.Appln.No.1386 of 2011 Mr.Rajeev Patil i/b. Mr.Pravin Padave, Advocate, for the Applicant in Cri.Appln.No. 1388 of 2011 Mrs.P.P.Bhosale, APP, for the Respondent - State in both matters CORAM : R.C.CHAVAN, J. DATE : 22ND SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2 BA 1386-2011 2. These are the applications by accused persons arrested for the offences punishable under Sections 420, 467, 468 & 471 of the Indian Penal Code registered as Crime No.252 of 2010 with Shivaji Nagar Police Station, Pune. The allegation is that one of the applicants had produced before the Pune Municipal Corporation an order, allegedly passed by one Bhalchandra Avadhal, the then Additional Collector, Pune in respect of property bearing Survey No.56/7 and other seven properties passed in favour of Anant Chandrakant Dangat and two others on 23rd January, 1999, bearing No.ULC/Desk-VII/1999. The applicant in the other application is supposed to have been an agent, who helped the owner of the properties to get that order. Since the file in question was not found in the office of Urban Land Ceiling department, Tahsildar, Pune filed a report before the police stating that the applicants had forged and fabricated false order which had never 3 BA 1386-2011 been passed. The learned Counsel for the applicants point out that on behalf of the applicants under the Right To Information Act, an information was sought from the Pune Municipal Corporation in respect of information supplied by Urban Land Ceiling department to the Commissioner, Municipal Corporation, Pune by a letter dated 10th March, 2006. Along with this letter a compact disk had been sent to the Commissioner copy whereof was provided to applicants. In the list in the disk at ID No.12086 file bearing No.ULC/Desk-VII/1999 in which the order passed in respect of these properties on 23rd January, 1999 is listed. The learned Counsel for the applicants submitted that it could therefore not be said that there was no such file, and only because file was not traceable, it could not be said that order produced by one of the applicants was forged and fabricated order. In any case, this question could be investigated by the investigating 4 BA 1386-2011 officer and for this purpose, the learned APP could not show that as to why presence of the applicants in custody is necessary. The applicants be released on bail on their furnishing P.R.Bond of Rs.25,000/- each with one or more solvent sureties in the aggregate sum of Rs.25,000/- on the condition that they shall report before the investigating officer as and when required by the investigating officer. 3. Criminal Applications stand disposed of. (R.C.CHAVAN, J.)