1ab-2381-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2381 /2010 Rajkumar Tippanna Chavan v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Amin Solkar for the applicant. Mr P.S.Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending his arrest in CR No.121/2010 registered with Bhoiwada Police Station. The offences alleged against the applicant are punishable under Sections 465, 468, 471, 420, read with section 34 of I.P.C. 2. Reportedly, there was some police personnel recruitment at Naigaon and it was found out that one of the candidates was a dummy candidate giving physical fitness examination on the name of some other candidate. This was revealed on 2ab-2381-10 verification of the documents, i.e., the photograph on the identity card possessed by the same dummy candidate and the photographs on the documents earlier supplied with the application by the real candidate who was supposed to appear for the examination. The complainant after ascertaining such difference in the photographs accosted said dummy candidate and he was taken in custody and during interrogation said dummy candidate disclosed the name of present applicant. Admittedly, present accused is a police constable attached to mobile van at LA-1 Naigaon. 3. On asking by the Court, learned A.P.P.,on instructions, submits that during the investigation nothing was transpired as to the real candidate, who was supposed to appear in the examination, was any close relative or friend or having any other relation with the present applicant. It is only the submission that from the said dummy candidate an amount of Rs.25,000/- was recovered, subsequently, from his house and which is supposed to be the amount given to him by the present applicant. 4. It is a factual position that the real candidate’s whereabouts are not traced by the Investigating Officer though his address, either authentic or fake is available in the original papers, submitted by the said candidate while seeking job. All the same, in the opinion of this Court, in order to have further progress in the matter custodial interrogation of the present applicant is not needed. In fact, he is an employee of the police department and can be available to the I.O.on giving instructions through his superiors. Under these circumstances, present application is allowed as under: 3ab-2381-10 :ORDER: (a) Anticipatory Bail application No. 2381/2010 is allowed. In the event of arrest of the applicant in C.R. No.121/2010 registered with Bhoiwada Police Station, he shall be released on bail on executing P.R. Bonds in the sum of Rs. 20,000/- with one surety, or two sureties of Rs.10,000 each. (b) In the event of arrest and availing of bail, the applicant shall attend concerned Police Station as and when called by the Investigating Officer till filing of the charge sheet. (c) With these directions anticipatory bail application is disposed of. 5. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)