1 aba441.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.441 OF 2011 (SYED MUJAHID IQBAL SYED MOHSIN //VS// STATE OF MAH. THR. PSO P.S.PATUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Anil Mardikar, Advocate for Applicant. Mr.S.S.Doifode, A.P.P. for Respondent/State. CORAM : M.N.GILANI, J. DATED : DECEMBER 20, 2011. Heard both sides. This is an application under Section 438 of the Code of Criminal Procedure for 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. Syed Mujahid Iqbal Syed Mohsin-applicant herein had applied to the Tahsildar, Patur for issuing of caste certificate. On the basis of the documents supplied by the applicant and the affidavit on 18.10.2011, Tahsildar, Patur issued a certificate in favour of the applicant declaring that he belongs to caste “Mujawar” which falls within the category of Other Backward Classes(OBC). On that basis Caste Scrutiny committee was approached to validate the certificate. The Caste Scrutiny Committee validated the certificate. There were elections of Municipal Council, Patur and in that some wards were reserved for the candidates belonging to OBC. The applicant contested the election against the post reserved for OBC category and also got elected. A complaint was received in the office of Tahsildar that the applicant in connivance with the staff of 2 aba441.11.odt the Record Section of the Tahsildar, Patur tampered with the record called as “Kotwal Book”. Although there was no reference to caste 'Mujawar' against the entries of the birth of the ancestors of the applicant, for the first time the word 'Mujawar' was added. This was inquired into by the Naib Tahsildar, Patur. He observed that there was tampering with the record. To the naked eyes it was discernible that specifically the word “Mujawar” was added and thereafter certified copies of the same was obtained by the applicant which was ultimately used for obtaining caste certificate and also getting it validated by the Caste Scrutiny Committee. Tahsildar, Patur lodged first information report with Police Station, Patur on 01.12.2011 and on that basis offence came to be registered under various sections of the Indian Penal Code. Apprehending arrest in this crime the applicant is seeking anticipatory bail. The learned counsel for the applicant contended that the custodial interrogation of the applicant is not necessary. He has roots in the society and he will be available for interrogation as and when required by the Investigating Officer. Reliance is placed on a decision in Jonathan Nitin Brady vs. State of West Bengal, reported in (2008) 8 SCC 660. In the backdrop of the facts and circumstances of the case the Hon'ble Supreme Court observed that : “There is no satisfactory and convincing reason for custodial interrogation of the appellant for the alleged offence registered against him. The appellant can be interrogated by the investigating officer without taking him in custody. In the event of the arrest of the appellant for the alleged offence, he shall be released on bail subject to stated conditions.” 3 aba441.11.odt Reliance is also placed on a decision in the case of Siddharam Satlingappa Mhetre Vs. State of Maharahstra, reported in (2011) 1 SCC 694 it is observed by the Hon'ble Supreme Court that : “It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion to grant bail must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided. A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre- conviction stage or post-conviction stage.” The Hon'ble Supreme Court further observed that : “Society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests, namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand, absolute adherence to the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.” The factors and parameters which can be considered while dealing with the anticipatory bail have been enumerated in paragraph 112 of the judgment. 4 aba441.11.odt The learned Additional Public Prosecutor strongly opposed the application on the ground that the custodial interrogation of the accused is necessary. On perusal of the case-diary made available to this Court by the learned Additional Public Prosecutor it appears that in the entries of the year 1909 and 1931, there was no word 'Mujawar'. These are the entries relating to birth of the ancestors of the applicant. In the entry of the year 1933 the word 'Mujawar' was specifically added. It was discernible to the naked eyes that it was added specifically, for that good deal of reasons have been given in the first information report lodged by Tahsildar, Patur. The investigation further reveals that in the Record Section staff member by name Sirsat was working. He was working on casual basis and in connivance with him record has been manipulated. Thus, this is a case of manipulating very important record of the Government with connivance of the staff working there. It is needless to state that such record has far reaching effect. In that light of the matter, considering the gravity and seriousness of the charge, custodial interrogation for proper investigation is imperative. That being so, I do not find any merit in this application the learned Additional Sessions Judge was justified in rejecting the bail. The application is rejected. Needles to say that observations made herein above shall not weigh with the Court in a subsequent proceedings. JUDGE RR..