1 Criminal Application No.5282/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5282 OF 2010 Rupesh Rajendra Duggad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for the applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 5th January, 2011 PER COURT : 1. Heard. The accused/ applicant was employed with Aishwarya Communications, at which place 44 bogus connections were issued concerning Sim Card/ Coin box. It is specifically informed that the accused/ applicant was incharge of said shop. The owner Suresh Bothra is already directed to be released on bail in the event of arrest, by orders in Criminal Application No.679/2010, recorded by the learned Sessions Judge, Ahmednagar, dated 25.6.2010. 2. Mr.Chatterji has canvassed, the signature pattern of the accused/ applicant could well be visualised. Looking to the same, as reflected in the election identity card, in the Vakalatnama and the present application, if there is mismatch of the signature, it can be verified, for 2 Criminal Application No.5282/2010 which the custodial interrogation is not warranted. 3. Though the employer is released on bail as stated above, however, same parameters will not be available to be exercised by the accused/ applicant as he has played crucial role in the matter wherein 44 bogus connections were issued by facilitating creation of false record. Even if the record is with the TATA Indicom, till the source, the persons to whom such cards/ connections are given, are yet to be identified. Everything will be done only after taking the accused into custody. The applicant does not deserve for grant of protection in terms of Section 438 of the Criminal Procedure Code. The application is rejected. K.U. CHANDIWAL JUDGE fmp/cri5282.10