( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3707 OF 2010 1. Hariram s/o Laxman Ghogare, R/o Naya Nagar, Aurangabad 2. Appasaheb s/o Pundalik Aher, R/o CIDCO, AUrangabad. 3. Sakharam s/o Jayaji Bargal, R/o Pundalik Nagar, Aurangabad APPLICANTS VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. N.S. Ghanekar, advocate for the applicants. Mr. D.V. Tele, APP for the respondents, assisted by Mr. H.M. Shaikh, original complainant. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th November, 2010] PER COURT : 1. The application is for anticipatory bail. 2. The applicants apprehend their arrest in connection with crime No. I-261/2010 registered at Mukundwadi Police Station for the offences punishable under section 420 and 468 read with section 34 of the I.P. Code. ( 2 ) 3. Having heard learned advocate for the applicants & learned A.P.P. for the State and on perusal of the recitals of the FIR, it prima facie appears that the applicant No. 1 allegedly issued fabricated receipt regarding payment of Rs. 5000/- made to him. It also appears from the recitals of the FIR that the applicant No.1 allegedly prepared bogus record regarding the resolutions of the Vasant Shaikshanik Sanstha. It appears that the applicant No. 1 was the Secretary of the said Educational Society. The allegation in the FIR Is that the entire record was kept in the custody of applicant No.1 at his residential house. 4. At this juncture, it is difficult to say that the prima facie material is sufficient to infer complicity of the applicants in the preparation of false and fabricated record including the alleged forged receipt for Rs. 5000/-. The learned advocate for the applicants would submit that the applicants are ready and willing to cooperate with the Investigating Officer. It would be necessary to collect specimen of their handwritings and their signatures during course of the investigation. The Investigating Officer may forward the disputed receipt alongwith specimen handwritings and signatures of the applicant No. 1 for the opinion of the ( 3 ) handwriting expert. The applicant No. 1 shall immediately tender all the record to the Investigating Officer without any delay or if it is not submitted within period of three (3) days, the Investigating Officer will be entitled to obtain search warrant and collect the record from the residential house of the applicant No. 1. 5. In the result, the application is allowed. The applicants are directed to be released on bail, in the event of their arrest, on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) each, before the Arresting Officer, and on further condition as enumerated hereinbelow : (i) The applicants shall attend the concerned Police Station on each Tuesday and Saturday between 4 p.m. and 8 p.m. and shall actively participate during course of investigation/interrogation. (ii) The applicant No. 1 shall tender all the relevant record to the Investigating Officer within period of three (3) days and on his failure to tender the relevant record, which appears to be in his possession, the Investigating Officer ( 4 ) will be at liberty to obtain search warrant and collect such record from the house of the applicant No. 1 or may apply for revocation of the anticipatory bail order, which ground will be duly considered in order to declamp the liberty granted to him. (iii) The applicants shall give their specimen signatures and specimen handwritings to the Investigating Officer as may be called upon from them in order to verify the averments made in the complaint application. (iv) The applicants shall not leave jurisdiction of Aurangabad District Court without specific permission of this Court, till the investigation is completed. 6. The application is accordingly disposed of. [V.R. KINGAONKAR] JUDGE NPJ/criapln3707-10 ( 5 )