( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4607 OF 2010 Ashok s/o Vitthalrao Telang, R/o Sawarmal, Tq. Mukhed, District Nanded. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. A.N. Nagargoje, advocate holding for Mr. N.S. Kadam, advocate for the applicant. Mr. P.P. More, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 19th November, 2010] PER COURT : 1. By this application, the applicant seeks directions under section 438 of the Criminal Procedure Code. 2. Allegedly, the applicant issued school admission register's copy. The applicant was working as Head Master of Zilla Parishad School. It is alleged that he had fabricated one of the school admission register's copy with a view to disqualify the complainant - Anteshwar Kolhewad from contesting the election of the Village Panchayat. ( 2 ) 3. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that the alleged offence is concerning the record of the Zilla Parishad school. It appears that two (2) different copies were issued in respect of the record of the admission register, one was issued by the applicant and another by one Smt. Jadhav S.D. on behalf of the Head Master. It is yet to be ascertained as to which of the copies is authentic and truth bearing. In any case, when the offence is based on record of the Zilla Parishad school, arrest of the applicant is not necessary for the purpose of investigation. 4. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 15,000/- (rupees fifteen thousand) before the Arresting Officer, in the event of his arrest, and on condition that he shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for four (4) consecutive Sundays w.e.f. 21st instant, and shall actively participate during course of investigation. He shall cooperate with the Investigating Officer while producing record of the Zilla Parishad School or any document called by ( 3 ) the I.O.. He shall also give his specimen handwriting/signature, if so required by the I.O. The protection under section 438 of the Criminal Procedure Code will stand terminated on filing of the final report/chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln4607-10