{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.668 OF 2010 Shivaji s/o Luxmanarao Surnar Age-57 yeas, Occ-Service R/o Sunegaon Sangavi, Tq-Ahemadpur Dist-Latur APPLICANT VERSUS The State of Maharashtra Through Police station Malakoli Tq-Loha, Dist-Nanded RESPONDENT ....... Mr. G.P.Shinde, Advocate for applicant Mr. B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.02/2010 registered with Malakoli police station for an offence punishable u/s 406, 420, 417, 468 r/w 34 of the Indian Penal Code. 2. Interim protection is granted in favour of the applicant on 18.02.2010. 3. Heard learned counsel for the applicant and learned APP. Perused the record. {2} 4. It appears that the said offence is registered on the complaint of one Janardhan in respect of alteration in the revenue record. It is alleged that the applicant has changed the record in capacity as a village Talathi. According to applicant, he worked as village Talathi of village Adinga for the period 2003-2007. It is alleged in the complaint that the said changes or alteration are done during the period 1990-91. There is history of litigation between one Yamunabai and present complainant. 5. Considering all the aspects, prima faice it appears that the applicant, who was not working at the relevant time at the said village, cannot be held liable for the alteration in the record during the period for which he was not working at the relevant time at the said village. In the premise, prima faice case is made out to exercise discretion u/s 438 of the Criminal Procedure Code. 6. In the result, the application is allowed. Interim protection granted on 18.02.2010 is hereby confirmed and to remain in force till filing of the charge sheet. Applicant to cooperate with the investigating agency and to attend the concerned police station whenever required. [A.V.POTDAR, J.] drp/A10/criapln668-10