1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3756 OF 2009 Rahematullah Haji Abdul Latif Khan @ Rahematullah Abdul Khan Latif Age-52 years, Occu-Business, R/o.Mullah Colony, Plot No.35, Lane No.3, Chalisgaon Road, Dhule, Tq. and Dist. Dhule APPLICANT VERSUS 1) The State of Maharashtra, 2) P.I. Of Deopur Police Station, Dhule, RESPONDENT Mr.C.R.Deshpande, learned counsel for the applicant. Mr.N.R.Shaikh, learned APP for the respondents. (CORAM : A.V.POTDAR, J.) DATE : 13/11/2009 PER COURT : 1. By the present application, the applicant has prayed to release him on anticipatory bail in connection with an offence registered vide Crime No.125/2009 in Deopur Police Station, Dhule for alleged offence registered u/s. 193, 196, 199, 200, 420, 466, 468, 471 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for respondent State. As the notice is already issued, the papers of investigation are placed in 2 my hand. 3. While considering the submissions across the bar, in this particular offence registered against the applicant accused, certain facts came in light during the course of perusal of the papers of investigation. At the outset, the prosecution has came out with the case that Nayab Tahsildar attached to the Tahsil Office, Dhule has lodged the present complaint against the present accused as the applicant has filed an application under the provisions of Death and Birth Registration Act to enter the birth of his two sons in the record of Dhule Mahanagarpalika and produced certain documents to effect this entry in the death and birth register in the said Dhule Mahanagarpalika. According to the complainant, the Nayab Tashildar during the inquiry, it revealed that the school leaving certificate annexed with the application were not issued by the school, but were prepared by the applicant himself which documents even though the applicant knows were the false documents, but he has used those documents as genuine documents to effect the entries of his sons in the birth and death register of the said Municipality. During the inquiry, it is also learnt that these two kids are taking education in some other schools and their birth dates are already registered in Dhule Municipal Corporation. Hence the complaint was lodged against the applicant. It appears from the papers of investigation that the complainant is the author of the document which he has produced alongwith his application and if it is so, the question arose whether these documents can be styled as 3 forged documents and those documents are used for cheating purpose as the ingredients of section 466, 468, and 471 are to be satisfied. If these are not the documents collected by the applicant and later on contents therein were changed by the applicant as per the investigation, then it is the question whether these sections will be applicable. If these sections will not be applicable then whether for the remaining offences, which are bailable in nature, the present application is tenable. Bearing in mind these facts, the application deserves following order : O R D E R 1. The interim protection already grated to the applicant is extended for the period of 2 weeks. Within meantime, the applicant is at liberty to apply for regular bail before the competent Court of Law. 2. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3756-09