(1) CRI.APP. 3386.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3386 OF 2010 Balaji S/o Harischandra Wadje Age : 35 years, Occu.: Business, R/o Ganimpura, Nanded .. Applicant VERSUS The State of Maharashtra Through Police Station, Shivaji Nagar, Nanded (Copy to be served on P.P. High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent Mr. A.B. Dhongade, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 6TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail. 2. The applicant is said to be attesting witness of sale deed which was purportedly executed by impersonation of the executant who was not alive as on the date of execution of the sale deed dated 10.8.2009 in respect of the residential house property. (2) CRI.APP. 3386.2010 3. Upon hearing learned Advocate for the applicant and learned APP and on going through the relevant part of the FIR and the investigation papers it prima facie appears that the applicant is roped in only because he attested the fabricated sale deed. How he could be attributed prima facie knolwedge of the impersonation is the question. The Police appears to have recorded statement of the applicant himself. It cannot be considered at all as it is inadmissible. Moreover, it does not reflect his personal knowledge but shows that another attesting witness Subhash enquired about the name of the executant calling her as Vimalbai but she explained that she was also known as Drupadabai. That does not make out any prima facie case about complicity of the present applicant and, therefore, he is entitled to seek liberty. 4. In the result, the Application is allowed. The applicant be released on bail on furnishing of bail bond in the sum of Rs.15,000/- (Rs. Fifteen (3) CRI.APP. 3386.2010 Thousand) with one surety to the satisfaction of the Court of Sessions. He shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. for three weeks and shall co-opearte with the Investigation Officer during course of investigation. Sd/- [V.R. KINGAONKAR, J.] arp