Order in Cri. Apln. 4350/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4210/2009 Vishwanath Shankar Jagdale and another ...Applicants. Versus The State of Maharashtra. ...Respondent. ........ Shri N.D. Kendre, Advocate for applicants. Shri B.J. Sonawane, A.P.P. for respondent. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. By the present application, the applicants hae approached this Court for their release on bail in Crime No.115/2009 registered at Umarga Police station, of Dist. Osmanabad for offences punishable under Section 420, 467, 468 read with Section 34 of Indian Penal Code in which both of them came to be arrested on 19-07-2009 and since then they are in custody. The charge sheet is filed on 14/10/2009 before Judicial Magistrate (First Class), Omarga and was numbered as R.C.C. No. 114/2009. Order in Cri. Apln. 4350/2009 2 2. Heard learned counsel appearing for applicant followed by submissions of learned A.P.P. appearing for State. Also perused the papers of investigation. 3. Considering these submissions across Bar, it appears that the complaint on the basis of which offences came to be registered, was filed by one Gajendra Dashrath Bhosale an employee working in the M.S.R.T.C. as his son met with accident in the night of 20-04-2006. Somewhere in the year 2009 he made an inquiry to obtain disability certificate for his son who met with an accident. In the year 2008, during that inquiry he learnt that if he will contact the applicants, he will get the requisite disability certificate. Accordingly, he contacted the applicants where the applicants demanded Rs.2,500/- to provide the requisite disability certificate. Accordingly, in the month of June 2008, the applicants provided disability certificate to the complainant. It appears that the said disabled son of complainant tried to get admission in the polytechnic college and at that time, he contacted civil surgeon, Osmanabad along with certificate handed over by the applicants where he came to know from the civil surgeon that said certificate was not issued under his signature by his office. Order in Cri. Apln. 4350/2009 3 Hence, the offence. 4. It further appeared that during investigation, these applications came to be arrested and during investigation, some fake disability certificates, certain seals and stamps were recovered at the instance of these applicants. It appears that, they are the members of the racket run by another accused at whose instance disability certificate was issued to the son of complainant. It is urged that the other persons who were arrested in connection with this offence, were already released on bail. The principal accused is also today released on bail vide order on application No. 4350/2009 then on the ground of parity, these applicants also be released on bail. 5. Learned A.P.P. opposed the application to release these applicants on bail on the ground that the seals, fake certificates and stamps were recovered from possession of these applicants. 6. Considering the submissions across Bar, and fact remains that principal accused Rajeshree is released by this Court on bail vide order on application No.4350/2009. Another co-accused were also released on bail vide order Order in Cri. Apln. 4350/2009 4 dated 07/12/2009 even though certain incriminating articles were recovered from the possession of these applicants. But still fact remains now investigation is over and charge sheet is filed. In the premise, now there are no chances of tampering evidence of the prosecution witnesses. Fact remains that trial of these applicants will not come up on board in the near future. The offences are triable by Court of Judicial Magistrate (First Class). In the premise, case is made out to enlarge the applicants / accused on bail. In the premise, the application deserves following order. ORDER 1. Application is hereby allowed. 2. The applicants / accused be released on bail on their furnishing solvent surety in the sum of Rs. 25,000/- (Rs. Twenty five thousand) each and on executing their personal bonds in the like sum in connection with Crime No. 115/2009 registered at Omarga police station. 3. After releasing on bail, the applicants shall not leave local Order in Cri. Apln. 4350/2009 5 jurisdiction of Omarga Police station without previous permission in writing of Investigating Officer concerned. 4. The application stands disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln4210.09