1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1480 OF 2010 Ashok S/o.Sahebrao Sanap, Age­40 years, Occu­Service, R/o.Block No.5/26, Kotla Colony, Aurangabad APPLICANT VERSUS 1. The State of Maharashtra 2. Commissioner of Police, Aurangabad, Dist. Aurangabad RESPONDENTS Mrs.S.S.Jadhav, learned counsel for applicant. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 11/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.57/2010, registered in City Chowk Police Station, Aurangabad, for the alleged offence punishable u/s. 465, 468, 471 of The IPC. 2. Heard learned counsel for applicant and learned APP for State. Perused the papers of investigation till carried out. 2 3. It is not under dispute that at the material time, the applicant was working as Maintenance Surveyor in the office of City Survey at Aurangabad. He claimed that the working in the office of City Survey at Aurangabad is distributed to the concerned Maintenance Surveyor ward wise and separate table is provided to the particular ward. He claimed that during the period 2006 to 30/06/2009, he was handling table no.3. From there on 01/07/2009, he was transferred to table no.2 and later on transferred to table no.1. It is further alleged that plot no.18005 is coming under the jurisdiction of City Survey Office at Aurangabad. It is stood in the name of Laxman Nikalje. As per the revenue record, the area of the said plot is 45 mt x 25 mt. i.e. 104.55 sq.mt. He has sold that plot to one Mangala Katkar vide registered sale deed drafted on 01/01/2010, and presented for registration on 27/01/2010. It appears that one Sachin Sonwane moved an application on 20/01/2010, inquiring about how the area of plot no.18005 was changed from 45 mt x 25 mt to 50 mt x 40 mt and then the inquiry was proceeded. During the inquiry, some office order came to be passed on 17/02/2010 under the signature of City Survey Officer, Aurangabad, wherein the area was changed in the original record vide mutation entry no.3108. There is reference in the said office order that after the inquiry and orders are passed to that effect, one criminal complaint was filed in the City Chowk Police Station and accordingly CR No.57/2010 was registered. It also appears in the communication dated 18/02/2010, by the City Surveyor Officer Aurangabad to the P.I. City Chowk Police Station, Aurangabad that the office of the City Survey is unable to fix the 3 liability of this alternation in the revenue record at the hands of a particular officer. But later on it appears that the said offence came to be registered in fact on 10/03/2010, and that offence was registered only against the present applicant, hence the present applicant has applied for grant of anticipatory bail before the Court of Sessions, Aurangabad, which was rejected, hence now the applicant is before this Court. 4. Heard extensive arguments of learned counsel for applicant and learned APP for State. 5. In the light of documents referred in above paragraphs supra, the crux of the matter will be the entries of the original record, which shows that this alternation is took place apparently on the face of record vide mutation entry no.3108, of which the photo copy is placed at page no.34 of the compilation, which is not under dispute. On bare reading of this entry, it appears that this entry is signed by the then City Survey Officer, Aurangabad under his dated signature of 25/06/2005. In the papers produced for my perusal, prima­facie and apparently, there is nothing on record to show that it is whose dated signature under the nomenclature of City Survey Officer, Aurangabad, who has verified the entry and put his dated signature near the alteration in the said mutation entry and in absence of it, at least, at this stage, the liability can not be fastened against the present applicant. The case is based on the documents and considering the discussion made in above paragraphs supra, a case 4 is made out to use the discretion to grant anticipatory bail in favour of applicant. In the result, following is the order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 57/2010, registered in City Chowk Police Station, Aurangabad, he be released on bail on furnishing surety in the sum of Rs.15,000/­ and on executing PR bond in the like amount. 3. This protection is granted till filing of charge­sheet. Thereafter, the applicant may apply for regular bail, if so advised. 4. Within meantime, the applicant to co­operate the investigation agency and to attend the City Chowk Police Station, Aurangabad whenever called on the written requisition by the Investigation Officer concerned. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1480­10