IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4594 OF 2008 1.Lalchand Tilani 2.Manprit Singh Vijan ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Rajeev Sawant, Rajiv Patil with M.K. Kocharekar for Applicants Shri D.P.Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 2ND MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. A complaint has been filed against the Applicants for the offences punishable under sections 467, 420, 34 of the Indian Penal Code vide C.R. No.606 of 2008 registered at Oshiwara Police Station. 3. The R.T.O. Officer has filed his complaint and in the said complaint it is alleged that on the basis of forged documents the Applicants had registered two vehicles at Mumbai. 4. It is the case of the Applicants that their agent had without taking responsibility, had got the registration and done mischief and when this fact was informed to them, they had paid the regular duty along with penalty and got the vehicle registered at Mumbai. 5. The learned APP for the State, on the other hand, submitted that this payment of penalty and octroi duty was made after enquiry was initiated. He submitted that discrete enquiry was made since 2008 and the report was submitted sometime in the year September, 2008. He submitted that the Applicants had paid their duties thereafter. 6. In the present case, the entire documents are with the Investigating Officer. The allegation against the present Applicants is that they are evading the payment of octroi duty by submitting false and fabricated documents. However, it has to be noted that the Applicants have paid the octroi duty before registration of the offence. 7. The duty has already been paid by the Applicants and the irregularities are rectified. Under these circumstances, the custodial interrogation of the Applicants, in my view, is not necessary. Since the documents were already tendered by the Applicants and the agent, the Applicants, under the circumstances, in the event of their arrest in connection with C.R.No.606 of 2008 registered at Oshiwara Police Station for the offences under sections 467, 420, 34 of the Indian Penal Code, shall be released on bail in a sum of Rs.15,000/- each with one or two sureties in the like amount. The Applicants shall co-operate with the police and shall report to the police station, as and when called. 6. Application is disposed of. V.M. KANADE J.