1 Cr. Appln. no.4100.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4100 OF 2009 Sau Mangal Vasant Sakat Age 40 years,Ooccup.Agril. And household,R/o Pendgaon, ShriGonda,District Ahmednagar. ... Applicant V E R S U S The State of Maharashtra Copy to be served on Public Prosecutor,High Court of Judicature,Bombay,at Aurangabad ] ... Respondent ... Mr. V.V.Gavare,Advocate hodling for Mr. N.B.Ghute,Advocate for Applicant. Mr. N.B.Patil, A.P.P. for respondent-State. ... CORAM : A.V. POTDAR, J. DATED : 11TH DECEMBER, 2009 PER COURT 1] By the present application the applicant has approached this court for her releasing on anticipatory bail, in the event, of her arrest in connection with Crime No.370 of 2009, registered with the Shrigonda Police Station, District Ahmednagar, for the offence punishable under 2 Cr. Appln. no.4100.09 sections 420,511,read with section 34 of the Indian Penal Code. 2] Heard learned counsel appearing for the applicant followed by the submissions of learned A.P.P. Also perused the papers of investigation till carried out. From perusal of the records it appears that the offence came to be registered in Shrigonda Police Station, on the complaint of one Babasaheb Vitthal Devhare, wherein it is alleged that this applicant take advantage of the Government Scheme prepared for the ‘Financially Weaker Section’ as well as ‘Small Land Holders’ and application was moved by the present applicant. Along with the said application a deed of separation between the applicant and her husband was annexed to take benefit of scheme. Hence, an offence punishable under section 420,511 read with section 34 of the Indian penal Code. 3] During the course of submissions across the bar, it is urged that it is not in dispute that the applicant has moved an application before the 3 Cr. Appln. no.4100.09 Government Authorities to take benefit of Scheme, vide application dated 09.02.2009. It is also not in dispute that alongiwth the said application separation deed notarized before the Notary was annexed. Only question which requires consideration is whether the contents of the documents are forged or not and if at the initial stage validity of the document was questioned and no benefit was given to the applicant on the basis of her application, can it be said that case under section 420 and 511 is made out prima facie against the applicant. 4] While opposing these submissions across the bar, it is urged by leanred A.P.P. that considering the definition of false document under section 463 of the Indian Penal code, the document which is produced by the applicant covers the case under section 420, 511 read with section 34 of the Indian Penal Code. 5] Considering these submissions across the bar and to attract the offence punishable under 4 Cr. Appln. no.4100.09 section 420 of the Indian Penal Code the main ingredient is, ”Under false promise there is inducement to receive gains, which cause wrongful loss to the other side and wrongfully gain to the person, who give false promise of inducement.” In this case, the document which is submitted alongwith an application of which validity is questioned at the initial stage and no benefit was given to the applicant on the basis of that document. No funds or property was parted with and handed over to the applicant under that scheme and if it is so, at least, at this stage even though the allegations in the complaint are accepted as it is, no prima facie case made out that the applicant has committed an offence as alleged, then the case as made out to exercise the discretion under section 438 of the Code of Criminal Procedure, the application deserves to be allowed. In the premise, following is the order. ORDER 1] Application is allowed. 2] In case of arrest of the applicant in connection with Crime No. 370/2009 registered with Shrigonda 5 Cr. Appln. no.4100.09 Police Station,District Ahmednagar, she be released on bail on furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the sum of like amount. 3] This protection is granted for the period of six weeks. Within mean time the applicant shall apply for regular bail. 4] Application stands disposed of in the above terms. (A.V. POTDAR, J.) MTK/