1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.419 OF 2011 (SYED MJJAHID IQBAL SYED MOHSIN //VS// STATE OF MAH. THR. PS.O. POLICE STATION, PATUR, DISTT. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anil S. Mardikar, Advocate with Mr. G.R. Agrawal, Adv. for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent.. Mr. Rashid A. Haque, Advocate for Complainant. CORAM : M.N.GILANI, J. DATE : DECEMBER 08, 2011. This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant on bail, in the event of his arrest in Crime No. 130 of 2011, registered with Police Station, Patur, District : Akola for the offence punishable under Sections 420, 467, 468, 471, 199, 200 read with Section 34 of the Indian Penal Code. It is the case of the applicant that he belongs to caste 'Mujawar' which falls in the category of Other Backward Classes (OBC). The Caste Scrutiny Committee issued validity certificate in his favour. Against the post reserved for OBC the applicant has submitted nomination form which is accepted and the elections of the Municipal Council, Patur are due on 11th December, 2011. In the meanwhile, his rival lodged complaint with the office of Tahsildar. The Naib Tahsildar conducted inquiry and found that in the original Kotwal Book there are overwriting and interpolations while mentioning the caste of the applicant as “Mujawar”. On the basis of the inquiry report of the Naib Tahsildar offence came to be registered. 2 The applicant moved the Court of Additional Sessions Judge, Akola under Section 438 of the Code of Criminal Procedure and also prayed for interim bail. The learned Additional Sessions Judge vide his order dated 02.12.2011 rejected prayer for ad-interim anticipatory bail and posted the hearing on 12/12/2011. The learned Additional Public Prosecutor submitted that the reply on behalf of the State would be filed and arguments would also be advanced tomorrow i.e. on 9th December, 2011. Since the learned Additional Sessions Judge did not decide the application on merits and considering the urgency in the matter, it would be appropriate to direct the learned Additional Sessions Judge to receive reply, if any, filed on behalf of the State and decide the application on merit, in any event on or before 10th December, 2011. Hamdast allowed. JUDGE RR..