1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2946 OF 2010 1 Balbhim s/o Pandhari Dolare 2 Mahipati s/o Dhullappa Sable Applicant Versus The State of Maharashtra Respondent Smt.S.S.Jadhav, advocate for the applicant. Mr. P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, the applicants have approached this Court for their release on bail in connection with CR No.91/10 registered in Tuljapur Police Station, District Osmanabad. 2 Heard Counsel for the applicants and learned A.P.P. for Respondent-State. Also perused the papers of investigation till carried out. 3 From the complaint on record, it is disclosed that on receipt of information by the complainant- police officer on duty, that some persons are distributing identity cards of Senior Citizens in the area of Tahsil Office at Tuljapur, the premises was raided in the early hours of 29.06.2010. At that time, 2 one Bubasaheb Dasrao Deshmukh was intercepted and during his search, some bogus cards, some photographs and some blank application forms were recovered, which were taken charge of. After completing the requisite formalities like memorandum of panchanama, etc., he has been put under arrest. During his interrogation, names of these two applicants came to light, who are serving in the Tahsil office as Peons. Immediately on the same day, these applicants were arrested at 10.15 p.m. or so. In the course of investigation, during the search of residence of first applicant, one stamp in the name of `Tahsil Office, Tuljapur’, 52 prepared bogus cards, some photographs, about 58 blank identity cards, and some amount were recovered. So far as the role is concerned, as per the interrogation of the 2 nd applicant, he used to affix the photographs on those cards prepared as well as he used to write addresses on the said cards. It appears that since the date of arrest, after initial period of police custody was over, now these applicants are in magisterial custody. So far as investigation is concerned, even though it is stated, is in progress, but it appears that the persons, to whom some of the cards are distributed, their statements are recorded. The material used in the commission of this offence is also seized by the investigating agency. 4 The bail application is opposed by the learned A.P.P. on the ground that these applicants are serving as Peons in the Tahsil office and if released on bail, there is likelihood that they may tamper with the evidence of the persons whose statements are recorded during the course of investigation. 5 Considering the investigation till carried out and the nature of offence, this Court did not feel it necessary that the applicants to be 3 detained for uncertain period in custody. Hence, application requires to be disposed of with the following order, with certain conditions: ORDER (a) Criminal Application is allowed. (b) Applicants – (1) Balbhim s/o Pandhari Dolare and (2) Mahipati s/o Dhullappa Sable be released on bail in connection with CR No.91/10, registered in Tuljapur Police Station, District Osmanabad, on their furnishing solvent surety in the sum of Rs.20,000/- (Rs.Twenty thousand) each and on executing P.R. Bond in the like amount. (c) After their release on bail, applicants shall not enter in the area of Tuljapur Tahsil till the trial against them gets finally disposed of and to give the addresses to the investigating officer, where they are going to reside during this period. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln294610