1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3022 OF 2010 Ashok s/o Dagdu Khatri Applicant Versus The State of Maharashtra Respondent Mr.A.R.Rathod, advocate for the applicant. Mr. P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, applicant approached this Court for his release on anticipatory bail in connection with CR No.197/10, registered in Chalisgaon Police Station, District Jalgaon, for the alleged offences under Sections 167, 420, 403, 423, 465, 467, 468, 471, 477 read with Section 34 of the Indian Penal Code. 2 Heard Counsel for the applicant and learned A.P.P. for the Respondent-State. Perused the record of investigation. 3 It appears that the said complaint came to be lodged on the complaint of one Motilal Zama Dhadi about alteration in issuing 7/12 extract in which 50% of the land is shown in his name while 50% in the name of other persons by using some 7/12 extract issued from village Kamgar Talathi. The 2 persons, in whose names remaining 50% of the land was shown, obtained loan from the Bank and thus all these persons are arrayed as accused in the said crime. 4 It is contended across the Bar that at the material time, the applicant was working as Village Kamgar Talathi at village Sangavi, Taluka Chalisgaon, while the 7/12 extract was issued for the landed property of village Lohara, Taluka Pachora and this applicant has no control over the revenue record maintained in the office of Village Kamgar Talathi of village Lohara, Tq. Pachora and on this count and as now the applicant is suspended from service, he is claiming anticipatory bail. 5 It is alleged by learned A.P.P. appearing for the State that from the original 7/12 extract, a copy of 7/12 extract was prepared by this applicant and issued under his signature. On verification of the signature on the 7/12 extract issued, on which parties have acted upon, the signature on the extract and the signatures of the applicant on the affidavit below the present application and on the Vakil Patra nowhere match at any stage at all. Another aspect required to be considered is, whenever any revenue record is produced before the Bank, the bank always call for search report and in the absence of search report, no proposal for loan is either approved or sanctioned. The alleged incident is of the year 2009 for which the Village Kamgar Talathi of village Lohara has not filed any complaint at all, but the offence is registered by a gap of about eleven and half months. Considering this aspect, according to this Court, custodial interrogation of the applicant is unwarranted. 6 In view of this, application deserve the following order: 3 ORDER (a) Criminal Application is allowed. (b) In the event of arrest of the applicant – Ashok Dagdu Khatri, in connection with CR No.197/10, registered in Chalisgaon Police Station, he be released on bail on furnishing solvent surety for the sum of Rs.15,000/- (Rs.Fifteen thousand) and on executing P.R. Bond in the like amount. (c) After his release on bail, the applicant to give attendance at Chalisgaon Police Station on each Monday in between 12.00 noon to 3.00 p.m. till filing of the charge sheet. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln302210