1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.686 OF 2010 1. Bhausaheb Baburao Mhaske, Age-55 years, Occu-Labour, 2. Sangita Bhausaheb Mhaske, Age-45 years, Occu-Service, R/o.Municipal Colony, Nalegaon, Ahmednagar. Both are R/o.Siddharthnagar, Ahmednagar, Tal. and Dist. Ahmednagar 3. Vinod Bhausaheb Mhaske, @ Vinod Chhaganrao Shendge, Age-30 years, Occu-Service, 4. Chhaganrao Rabhaji Shendge, Age-59 years, Occu-Nil, 5. Ranjana Chhaganrao Shendge, Age-55 years, Occu-Household, All are R/o.Bagroja, Hudco, Ahmednagar APPLICANTS VERSUS 1. The State of Maharashtra, 2. Superintendent of Police, Ahmednagar, Dist. Ahmednagar RESPONDENTS Smt.S.S.Jadhav, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondents 2 (CORAM : A.V.POTDAR, J.) DATE : 24/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.14/2010, registered in Kotwali Police Station of Ahmednagar for the alleged offence punishable u/s. 465, 469, 471, 199, 200, 420 r/w. 34 of IPC. 2. Heard learned counsel for applicant and learned APP for State. 3. Perusal of papers of investigation discloses that the said offence came to be registered on the complaint of one Nagnath, working as Incharge Labour Officer in Ahmednagar Municipal Corporation. Considering the submissions across the bar, it appears that the third applicant was taken in adoption by the first applicant, who was in services of Municipal Corporation. As per the documents, this adoption took place under the Registered Adoption Deed, dated 27/11/2000. It appears that the first applicant, while in service, moved an application before the authorities to give appointment to applicant no.3 on compassionate ground as per rules. Accordingly, appointment was given and initially the third applicant was appointed on probation. After successful completion of probation period, he was appointed initially on officiating basis and later on his services became confirmed and he was absorbed in the service as a 3 permanent employee. It appears that somewhere in the year 2004, an application was moved by the third applicant before the competent authorities for change in his name as he want to adopt the name of his original parents, hence the complaint. 4. From the perusal of entire record, on the face of it, when the appointment was obtained, at that time, the applicant no.3 was taken in adoption under the Registered Adoption Deed, it can not be said that the said document is false. The contention raised that to gain the services, false documentation is created. Prima facie it can not be gathered on the basis of contents of complaint. 5. An application is opposed by learned APP on the ground that the investigation is in progress and under the false pretext, the services are gain by the third applicant under the false deed. 6. Considering these submissions across the bar, at the time of services are given to third applicant by the Ahmednagar Municipal Corporation, the document was apparently on record executed and registered in the office of competent authority. In the premise, no prima facie case made out against the applicants. Hence applicants are entitled for the discretionary relief. Hence order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicants in connection with CR No. 14/2010, registered in Ahmednagar Kotwali Police station, they be 4 released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing the PR bond in the like amount. 3. Applicants to attend Kotwali Police Station, Ahmednagar whenever required on written requisition by the investigation officer concerned. 4. This protection to remain in force till filing of the charge sheet. Thereafter, the applicants to apply for regular bail, if so advised. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.686-10