(1) CRI.APP. 3655.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3655 OF 2010 1. Sarjerao S/o Shivram Salunke Age : 73 years, Occu.: Agri., 2. Dr. Prabhakar S/o Bhikanrao Wagh, Age : 63 years, Occu.: Doctor, 3. Balasaheb S/o Bhaskarrao Deshmukh, Age : 53 years, Occu.; Agri., 4. Tryambak S/o Harchand Mahajan, Age : 52 years, Occu.: Agri., 5. Prabhakar S/o Dhondu Wani Age : 57 years, Occu.: Business, Applicant nos. 1 to 5 R/o Mehunbare, Tq. Chalisgaon, Dist. Jalgaon 6. Rajendra S/o Dhansing Patil, Age: 54 years, Occu.: Service, 7. Hilal S/o Shankar Sonawane Age : 56 years, Occu.: Agri., Applicant nos.6 and 7 R/o Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon 8. Ramsing S/o Daji Patil, Age : 71 years, Occu.: Agri., R/o Khadki Sim, Tq. Chalisgaon, Dist. Jalgaon 9. Bhata S/o Pundalik Jadhav, Age : 66 years, Occu.: Agri., R/o Tirpole, Tq. Chalisgaon, Dist. Jalgaon .. Applicants VERSUS 1. The State of Maharashtra (2) CRI.APP. 3655.2010 (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) 2. The Deputy Superintendent of Police, Jalgaon, Tq. and Dist. Jalgaon .. Respondents ... Mr. R.N. Dhorde, Advocate h/f. Mr. S.B. Jadhav, Advocate for the Applicants Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek direction under section 438 of the Code of Criminal Procedure. They apprehend their arrest in connection with crime no. 129 of 2009 registered at Mehunbare Police Station for offences punishable under section 406, 409, 420, 465, 467, 468 and 471 r/w. 120-B or 34 of the Indian Penal Code. 2. The applicants are the members of Committee and Office bearers who run a hostel for students. (3) CRI.APP. 3655.2010 The hostel is run by Girna Vidya Prasarak Mandal, Mehunbare. It is alleged that during 2005 they did not purchase any grocery articles from shop of Rajendra Damodar Wani. However, they have obtained fabricated and false purchase bills and thereby committed misappropriation of Rs.28,470/-. 3. Upon hearing learned Advocate for the applicants and learned APP, and on perusal of the investigation papers as well as the documents filed alongwith the Application, it appears that the Criminal Application was lodged by complainant Bhausaheb Deshmukh alleging that in the year 2003-2004 no purchase of grocery articles was made from the Kirana shop of said Rajendra Wani but false bills of purchase were produced by the applicants and certain amount was misappropriated by them. Thereupon, crime no. 8 of 2008 was registered at Mehunbare Police Station. The applicants were released on anticipatory bail in the Criminal Bail Application no.106 of 2008. The learned Sessions Judge then found that the complainant Bhausaheb (4) CRI.APP. 3655.2010 Deshmukh was the Ex-Joint Secretary of the educational institution and had indulged in spate of complaints. It was also noticed that one of the director by name Dattatraya Shimpi was removed from the post and therefore both of them were aggrieved persons. In other words both of them were having animosity against the applicants. In the earlier complaint also name of present complainant i.e. Dattatraya Shimpi is shown and it was stated that he as well as Bhausaheb Deshmukh had together verified the receipts. As stated earlier both of them are rather aggrieved due to their ouster from the Offices which were held by them in the educational institution. The complaint of such a person cannot be prima facie considered as truth-bearing, unless there is some evidence to show that the purchase receipts are fabricated by the applicants. 4. The learned APP submits that the purchase receipts are also forwarded to the hand-writing expert for the purpose of opinion. If the opinion of hand-writing expert reveals any fabrication or (5) CRI.APP. 3655.2010 forgery of the documents, then the prosecution may be at liberty to apply for cancellation of the anticipatory bail. 5. Considering the reasons afore-stated, the Application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds as shown in the previous order dated 14.9.2010 in the event of their arrest and on condition of their appearing before the Investigation Officer on each Sunday between 10.00 am. to 2.00 pm. for the purpose of interrogation. They shall attend the concerned Police Station for four consecutive Sundays henceforth and shall co-operate with the Investigation Officer by giving the specimen signatures or specimen hand-writing, if so required and by giving necessary information as and when called for. 6. In the meanwhile, if hand-writing report is received so as to demonstrate the forgery of any documents, the prosecution will be at liberty to (6) CRI.APP. 3655.2010 apply for cancellation of anticipatory bail. The record of the institution may be made available to the Investigation Officer during the investigation. 7. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp