IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 189 OF 2009 CRIMINAL APPLICATION NO. 189 OF 2009 CRIMINAL APPLICATION NO. 189 OF 2009 Sakina Murtuza Baker Nee Sakina Abbas Sahiwala ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P. Mundergi, Sr.Counsel i/b. Mr.S.V. Marwadi for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 16, 2009 DATED : JANUARY 16, 2009 DATED : JANUARY 16, 2009 P.C. :- P.C. :- P.C. :- 1. Heard the learned Sr.Counsel for the applicant and the learned APP for the State. 2. The applicant passed 12th standard examination in the year 2000. She had applied for admission in the degree course and admission was secured by her initially in D.J. Sanghvi College at Vile Parle for Electronic and Telecommunications. However, either her parents or the applicant herself was not satisfied with the admission which was given to her, therefore, when an agent promised her to get admission in the course of her choice viz. Computer Engineering, she applied in Fr.Conceicao Rodrigues College of Engineering, Bandra - 2 - and admission was granted to her. She completed her Engineering course and after a lapse of about 7 years, a complaint was filed by the Principal of Fr.Conceicao Rodrigues College of Engineering that some students had obtained admission by giving fake some caste certificates and a FIR was lodged pursuant to the said complaint. It is the case of the prosecution that on scrutiny, the said certificates were found to be false certificates. Out of the 5 students who are named in the complaint, 4 students filed an application for anticipatory bail and the Sessions Court by order dated 30th July, 2008 was pleased to grant anticipatory bail to those four students. The Sessions Court observed that the custodial interrogation of the applicants was not necessary since the offence pertained to fake documents which were produced by the students while taking admission. The other two persons who had promised the students that they would give them admission in the faculty of their choice, one agent was also granted anticipatory bail. The applicants’ application, however, came before another Judge who was of the view that the custodial interrogation of the - 3 - applicant was not necessary. He further held that though the other four students and one of the two agents, who are named in the complaint were granted anticipatory bail on parity, the present applicant was not entitled to be released on bail. 3. Shri Mundergi, learned Senior Counsel appearing for the applicant submitted that though initially the applicant was admitted from the reserved OBC quota, subsequently, the admission was converted into a regular open quota. He submitted that the management in fact gave admission to the applicants from the open quota and received fees as per the Rule which were paid by an open category candidate. This fact is not disputed. In the record, however, it was shown the admission was given from the reserved quota. He, therefore, submitted that under these circumstances, the custodial interrogation of the applicant is not necessary. The applicant herself was not aware when this procedure had been followed by the management. 4. The learned APP for the State invited my - 4 - attention to the FIR which is lodged. It appears that after a lapse of almost 7 to 8 years, this present complaint was lodged by the management. The other persons who are named as accused in this complaint have been granted anticipatory bail. The applicant, therefore, is entitled to be granted anticipatory bail on the ground of parity. Even otherwise, looking at the peculiar facts and circumstances of the case, the applicant being a student at that point of time and was 18 years of age when she had applied for admission, it is difficult to believe that she had filed the application with an intention to cheat the management. The management, in fact, has received the entire fee which was payable by the open category candidate. Prima face, therefore, no loss has been caused to the management. In any case, the custodial interrogation of the applicant would not be necessary. The Investigating Officer has not investigated whether the management or any person from the management is involved in the said offence. Further, more than 8 years have passed from the alleged commission of the said offence. The applicant is now married and permanently residing at her - 5 - matrimonial house and is also gainfully employed. 5. Under these circumstances, in my view, prima facie case is made out for grant of anticipatory bail. 6. The applicant, therefore, in the event of her arrest in connection with C.R.No.257/2008 registered at Bandra Police Station for the offences punishable under Sections 420, 467, 468, 471 of the IPC, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Bandra Police Station as and when called. If the applicant’s presence is necessary in the police station, she shall be called only between 11 a.m. and 5 p.m. 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)