2aba2643-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2643 OF 2010 Rajdev Jhoori Yadav and 5 others. ..Applicants. Vs. The State of Maharashtra ..Respondent. .... Mr.A.R. Pande, Advocate for the Applicants. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 08th JUNE, 2010 P.C. 1. Heard rival submissions at length on this application for anticipatory bail by six applicants. 2. The applicants are apprehending their arrest in EOW Unit II, Crime Branch C.R. No.90 of 2008 for the offence punishable under Section 465, 468, 471, 420, 511 read with Sections 34/120-B of Indian Penal Code. Reportedly, 2aba2643-10 2 applicant No.1 is the Chairman and applicant No.2 is Vice- Chairman of the one society known as Rajiv Gandhi Co- operative Housing Society (Proposed). The said proposed society is formed under the Slum Rehabilitation Scheme for development of the plot situated at Kumbharwada, Dharavi, Mumbai. Applicant Nos.3 to 6 are the members of the said co- operative society. 3. One of the hutment dwellers approached E.O.W. Unit and lodged complaint against the applicants alleging various offences including cheating and forgery and fabrication of documents and use of the same. It is alleged that the applicants have submitted various documents, such as election record, ration card etc., as per the requirement of Annexure-II for eligibility to have the newly constructed flat under the SRA Scheme. It appears that the land owner authority i.e. in the present case the Municipal Corporation of Greater Mumbai had scrutinized the said documents and 2aba2643-10 3 found out that about 251 hutment dwellers were eligible for getting the flats and declared the other persons as ineligible. It appears that during the investigation by EOW the documents were verified and certain persons were considered as ineligible and it was informed to the land owner authority which declared such persons as ineligible for getting flats. During investigation of EOW, it transpired that the said ineligible persons had produced fabricated documents and in case of 43 persons even the hutments were not in existence. So far as the present six applicants are concerned, it is allegation that they have produced fabricated documents as to election record etc. for getting advantage of having a flat under SRA Scheme. 4. Reportedly, the investigation is still going on. Considering the serious allegations and considering the role of the present applicants, it would not be in the fitness of situation to grant the present application for anticipatory bail. 2aba2643-10 4 In other words, matters of such nature require police investigation and also the interrogation of the persons in order to find out the scope of forgery. In the result, there is nothing to allow the present application and same is accordingly disposed of with following order :- :: O R D E R :: [i] Criminal Application No.2643 of 2010 for anticipatory bail stands rejected. [ii] Interim orders, if any, shall stand vacated. (A.R.JOSHI,J.)