1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4704 OF 2008 Hamid Usmansaheb Balokhan ..... Petitioner. V/s The State of Maharashtra (At the instance of Sadar Bahar Police Station) ...... Respondent. ----- Mr. S.G. Kudle for the petitioner. Mr. D.P. Adsule, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 12th January, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of the State. 2. Petitioner seeks anticipatory bail on two grounds. Firstly, it is submitted that the petitioner is a senior citizen and is a cancer patient and if he is arrested by Police, it will adversely affect his health. Secondly, it is submitted that if he is arrested, he will lose his reputation in the Society. 3. The allegation made is that the applicant has fabricated the document and has not included the name of the complainant in the said relinquishment deed. It is submitted 2 that in the 7 x 12 Extract, name of the complainant has now been inserted and, therefore, cause of action to proceed against the present petitioner does not arise. 3. Taking into consideration the allegations made in the complaint it is not possible to grant anticipatory bail to the petitioner. Application is dismissed. However, liberty is granted to the petitioner to apply for regular bail on the aforesaid grounds and also on merits of the case before the appropriate Court. Petitioner shall surrender before the Magistrate on 19/01/2009 at 11.00 a.m. If application is made by the petitioner for bail, it may be considered on merits on the grounds urged by the petitioner. 4. Application is disposed of. (V.M. KANADE, J.)