1 ABA-788-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 788 OF 2011 1. Sanjay Sitaram Bhosale ) 2. Mahendra Rajpati Singh ) 3. Smt. Pratibha V. More ) 4. Smt. Kshama D. Davane ).. Applicants vs. State of Maharashtra ) Respondent Mr. U.L.Shah,Advocate, for the applicants. Mr. Y.M.Nakhwa, APP for the respondent - State. Mr. Rajendra Patil, Police Inspector, Marine Drive, present in Court. CORAM: J.H.BHATIA,J. DATE : 19th September, 2011. P.C. 1. The applicant Nos. 1 to 4 filed this application for anticipatory bail in Crime No.86 of 2011 registered with Marine Drive Police Station, Mumbai, for the offences under Sections 255, 256, 261, 263,420,465, 466,468, 471 read with Section 34 of IPC. 2. At the outset, the learned Counsel for the applicant makes a statement that the applicant No.2 has been arrested and, therefore, the application is pressed 2 ABA-788-11.sxw only for the applicant Nos.1, 3 and 4. 3. The applicants were the former members and the office-bearers of the Managing Committee of Simran Co-op. Housing Society Ltd. and under the provisions of the Co-operative Societies Act and the Rules thereunder, the applicants being the office-bearers and members of the Managing Committee, had to execute certain bonds to be jointly and severally responsible for all he acts and omissions of the Society. The complainant claims to have secured information under the Right to Information Act and, according to him, the bonds were not executed by the applicants in the year 2006 when they were expected. According to him, the bonds were executed in the year 2009 by purchasing stamp papers from same stamp vendor in the year 2009 by putting the date 5.12.2006 and thus forgery was committed. It is also contended that the stamp papers are also fake. 4. The learned APP concedes that the concerned stamp papers on which the bonds were executed are referred to the Security Press, Nashik and a report about the genuineness or otherwise of those stamp papers is awaited. As long as the report is not received that these stamp papers are fake, it is difficult to say that fake stamp papers have been used. Learned APP relied upon a letter dated 9.2.2011 addressed by the Addl. Treasury Officer, Mumbai, to the complainant on 3 ABA-788-11.sxw his application for information under the Right to Information Act. By is letter the complainant had sought information whether stamp papers bearing Nos.926215 and 926216 were sold on 6.10.2005. The said officer informed that those stamp papers were not sold on 6.10.2005. In fact, these two stamp papers on which the bonds were executed purported to have been sold on 5.12.2006 and not on 6.10.2005. Therefore, the information was sought by giving wrong information. Second thing there may be several stamp papers with same number but different series. In the letter from the Treasury Officer, there is no reference to the series of the stamp papers. As per that letter, the stamp papers bearing these numbers were sold on 24.3.2009, but as series is not there, information appears to be incomplete and not reliable. In any case, those bonds were executed only to be jointly and severally responsible for the acts done by them on behalf of the Society. Now they are no more embers of the Managing Committee. If an offence is committed in respect of fake stamp papers, action can be taken but for that purpose police will have to wait for the report from the Security Press,Nashik. Taking into consideration the facts and circumstances, I do not find any reason to refuse anticipatory bail at this stage. 5. Therefore, in the event of arrest in Crime No.86/11, the applicant Nos.1,3 and 4 be released on their executing P.R. of Rs.10,000/- each with a surety 4 ABA-788-11.sxw in the like amount with condition that they shall make themselves available to the police as and when required for the purpose of investigation. (J.H.BHATIA,J.)