- 1 - form rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.692 OF 2011 Amirali Hasanali Gilani .. Applicant vs State of Maharashtra & anr .. Respondents Mr.Sujay Kantawalla i.b Mr.Yogesh Rohira for Applicant Mr.Y.S.Shinde APP for State CORAM: J.H.BHATIA, J DATE: 17 th August 2011 P.C. 1. Heard learned counsel for the Applicant and the learned APP. Perused the relevant documents. 2. An offence was registered on a report lodged by Chandrakant Pundalik Kadam, Superintendent in Regional Passport office, Worli Mumbai on 31.12.2010. The allegation against the present Applicant is that he had secured 1st and 2nd passport by furnishing his date of birth as 30.5.1967. However, when he had applied for a 3rd passport he declared his date of birth as 30.3.1969 and the same date of birth was declared by him at - 2 - form the time of issuance of the passport. It was revealed that he had given different dates of birth while obtaining the said passports and thus he had suppressed the material and submitted forged documents to obtain the passport. Substantive offence appears to be under section 12 (1) (b) of the Passport Act which is punishable with imprisonment which may extend to two years or with or fine which may extend to Rs.5000/- or with both. Other offences under the Indian penal code are alleged to have been committed for commission of offences under section 12 (1) (b) under the Passport Act. Offence under section 12 (1) (b) of the Passport Act is bailable as per part II of Classification of Offences pertaining to offences other than Indian penal code. If such offence is punishable with imprisonment for less than three years or with fine it is bailable. 3. Offences under the Indian Penal Code are of course serious in nature and some of them are non- bailable. The learned counsel for the Applicant has pointed out that the Applicant had filed criminal Writ Petition No.1829 of 2011 for direction to the passport Authority to issue passport to him. The - 3 - form Division Bench of this Court after taking into consideration all the material passed an order dated 22.7.2011 and directed the passport Authority to issue fresh passport to the Applicant for a period of one year on the basis of his date of birth being 30.5.1967 for which birth certificate has been issued by the Municipal Corporation of Greater Mumbai. The only allegations against the present Applicant is that while obtaining 3rd and 4th passport he had given wrong date of birth. There is no allegation that having obtained 3rd and 4th passport on the basis of wrong date of birth, the Applicant had committed any other serious offences. In view of these circumstances, in my opinion,custodial interrogation of the Applicant is not required. 4. Therefore, in the event of his arrest in FIR No.357/2010 the Applicant be released on bail on his executing P.R.bond of Rs.25,000/- with one or two sureties in the like amount with the condition that he shall attend the said police station as and when required for the purpose of interrogation and he shall fully cooperate with the investigating agency and shall not tamper with prosecution evidence, with - 4 - form further condition that he shall not leave the country without obtaining necessary permission from the concerned Magistrate having jurisdiction over that criminal case. J.H.BHATIA, J