jpc aba549-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 549 OF 2011 Ahla Shukatali Furni Turewala ... Applicant Versus The State of Maharashtra ... Respondent Mr. A. A. H. Ponda, Advocate for the applicant Mrs. G. P. Mulekar, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 27th June, 2011. P.C. : 1. By consent of the parties, taken up for final hearing. 2. Heard Mr. Ponda, the learned Advocate for the Applicant and Mrs. Mulekar, APP for the State. 3. The applicant is sought to be arrested in C.R. No.357 of 2010 by Worli Police station, which is in respect of the offences, punishable under Sections 465, 467, 468, 471, 420 of the Indian Penal Code, as also the offence punishable under Section 12 of the Passport Act. The said case has been registered on the basis of a report lodged by one Mr. Chandrakant Pundlik Kadam, the jpc aba549-11.sxw 2 Superintendent, Regional Passport Office, against a number of persons, including the applicant, who were found to have submitted false documents for securing passports. 4. So far as the applicant is concerned, the allegation against her is that she had secured passport in the year 1996, wherein, her date of birth was mentioned as 9/6/1973/ as per the information given by her. Later, i.e. in the year 1999, she obtained another passport by suppressing the fact of having obtained the passport previously. While obtaining the second passport, she gave her date of birth as 9/6/1975. When the birth certificate submitted by her was sent for verification, it was found to be a bogus document and thereafter, the applicant has been involved in this case. 5. Mr. Ponda submits that the applicant had assigned the job of obtaining passport to an agent who might have done the forgery in question. He also submits that previous passport belonging to the applicant was missing . Mr. Ponda stated about some difficulties, which the applicant faced in her matrimonial life and submitted that her husband was insisting that her passport should be handed over to him in order to obtain Visa. Since her passport had been jpc aba549-11.sxw 3 lost and since this fact could not be disclosed to her husband, she opted for another passport with the help of her father and that, for obtaining another passport, help of an agent was taken. 6. Though there appears some truth in the submissions advanced by Mr. Ponda, the fact remains that the applicant was, prima facie, aware of the fact that false information was being given by her to the passport office. Thus, it cannot be said that there exits no case against the applicant. 7. However, the offence has taken place in the year 1999. The applicant states that she has already disclosed the name of the agent, through whom the second passport was secured, to the police. Mr. Ponda states that the applicant is ready to give any further details with respect of the said agent, as may be required by the police. 8. Considering the time gap between the date of the offence and today as also the fact that the detention of the applicant does not appear to be essential for the purpose of investigation, I am inclined to grant anticipatory bail to the applicant. jpc aba549-11.sxw 4 9. In the event of her arrest, the applicant be released on bail in the sum of Rs.30,000/- (Rupees thirty thousand only) with one surety in like amount on the condition to attend the concerned Police Station every day between 11 a.m to 2 p.m. for a period of one week commencing from tomorrow, and thereafter, as and when required by the Investigating Officer. (A.M. THIPSAY, J.)