1appln-2925-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2925 of 2010 (FOR ANTICIPATORY BAIL) Shri Umashankar Bajinath Yadav .. Applicant. vs. The State of Maharashtra and Anr ..Respondents Mr Bharat Khanna, for the Applicant. Mr K. V. Saste, A.P.P.,for the State. Mr S. S. Shah for Respondent No.2 – Original complainant. CORAM:- A.R. JOSHI, J. DATE :- 22nd JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicant, apprehending arrest in connection with C.R. No.I-151/2010 registered by Rabale Police Station for the offence punishable under Sections 465, 467, 468, 420, 471, 406, 408, 409 r/w 120-B of I.P.C. 2. A private complaint is filed by the complainant-respondent no.2 against total nine accused persons, including present applicant as accused 2appln-2925-10 No.2. Orders under Section 156 (3) of Cr.P.C. were passed by the concerned Judicial Magistrate F.C. at Vashi, Navi Mumbai. As such, the matter was taken for the investigation by the police and F.I.R. came to be registered. Reportedly, original accused no.7 was granted anticipatory bail by this Court making certain observations vide order dated 7.6.2010. Allegations against the present applicant are that he along with co-accused indulged in making forged documents and thereby facilitated issuance of various school leaving certificates in the name of certain students, purported to be taking education in one Modern English School and from that school said students, on the strength of such school leaving certificates, had taken admission in Jaihind Vidyalaya, Airoli Navi Mumbai. It appears that the complainant found out that various such school leaving certificates were in fact forged and fabricated documents inasmuch as no such students, named in the school leaving certificates, were ever taking education in Modern School. According to the investigation, a blank book, containing forms of school leaving certificates, was recovered from Jaihind School and some of the pages from the said book are missing and purported to have been used for issuance of those school leaving certificates under the signature with rubber stamp of Modern School. Admittedly, such blank book was not seized from the personal custody of the present applicant. According to the original complainant - present respondent No.2, services of present applicant have been terminated and inquiry is initiated. However, according to the applicant, he was not allowed to work in 3appln-2925-10 the school and he is taking appropriate steps against said action. 3. Without going into the dispute inter se between the applicant and the original complainant, suffice it to say that in the present matter the custodial interrogation of the present applicant is not warranted. If at all, any handwriting / signatures specimen are required to be taken from the applicant, that can be done by asking the applicant to attend the concerned police station and assisting the investigation. In the result, the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant in C.R. No. I-151/2010 with Rabale Police Station, he shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount . © On availing the bail, the applicant shall attend Rabale police station, once in a week, on every Monday between 10-00 a.m. to 12.00 till filing of the charge- sheet. (d) The applicant shall assist the Investigating Agency by giving his specimen handwriting/signatures. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. 4. Application is disposed of in above terms. (A.R.JOSHI,J) LRS-PA