1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.451 OF 2010 Sharada Sharadrao Bhore, Age-40 years, Occu-Agriculturist, R/o.Devadaithan, Tq.Jamkhed, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.P.B.Shirsath, h/f. Mr.K.S.Bhore, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on anticipatory bail in the event of her arrest in connection with CR No.22/2010, registered in Jamkhed Police Station. 2. Heard learned counsel for applicant followed by the submissions of learned APP appearing for the State. 3. Perusal of the complaint shows that the change report was submitted to the Office of Assistant Charity Commissioner, Ahmednagar on 22/04/1999 and the same was accepted and order 2 came to be passed on 29/04/1999 by the Assistant Charity Commissioner, Ahmednagar. The change report was submitted not under the signature of present applicant, but was submitted under the signature of the Secretary, who appeared to be signed for trustee. It is to be noted that for the party aggrieved by the change report under the provisions of The Bombay Public Trust Act, the remedy is available to challenge the said change report and it is contended across the bar that since 1999 till date, no appeal or application is preferred before the Office of The Joint Charity Commissioner, Deputy Joint Charity Commissioner for cancellation of the change report which is submitted in April 1999 and was accepted by the Assistant Charity Commissioner, but the short-cut method is applied by way of pressurized tactics to file the criminal complaint after the span of 11 years. It appears that there is something to read between the lines as the motive behind filing of the complaint. In the premise, case is made out to exercise the discretion u/s. 438 of The Cr.P.C.. In the premise, following is the order : O R D E R 1. Application is allowed. 2. The protection granted on 01/02/2010 is hereby confirmed and to continue till filing of the charge sheet. 3. The applicant to attend the office of the Investigation Officer for interrogation whenever require on written requisition by the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.451-10