IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4687 OF 2009 Ashok Dhonde ...Applicant Vs. The State of Maharashtra ...Respondent ---- Mr. Noronho Nunojuse i/b. M/s.Dinesh Tiwari & Associates for the Applicant Mr. H.J. Dedhia- APP for State. ---- CORAM: V.M. KANADE J. DATE : 16TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant was arrested in connection with an offence punishable under sections 419, 435, 467, 468, 469, and 420 of the Indian Penal Code. 3. The Applicant was arrested on 22nd August, 2009 and he is in jail since more than 80 days. 4. The prosecution case is that the rationing card in the name of the Hon’ble Chief Justice of this Court was forged and fabricated and produced in the Court of the Hon’ble Chief Justice as evidence to suggest that such kind of forged and fabricated documents can be prepared. FIR was registered vide C.R. No.232 of 2009 and the investigation was made by the police. During this investigation, it transpired that this bogus rationing card was sent by courier to the office of the political party. The police located the source of courier and the present Applicant was arrested. The present Applicant in his confessional statement admitted that he had sent the letter through courier to the office of the said party. He, however, stated that he was asked to post these papers by one Mr. Girish Dahanukar who met him near Siddhivinayak Mandir. He submitted that he merely posted the said letter by courier and he was not aware about the papers contained in the packet which he had sent to the courier. The Applicant was interrogated by the police and there is no material to indicate that the Applicant has prepared the said forged and fabricated ration card. 5. The learned APP for the State submits that the charge sheet will be filed within a period of 10 days from today. 6. Taking into consideration the role attributed to the present Applicant, it does appear that the Applicant was used by some other persons to post the letter and there is no other material recovered from him. No material has been produced by the Investigating Officer to show that he is responsible for the said offence. The Applicant, therefore, need not be detained in the custody for an indefinite period as an under trial prisoner. 7. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station as and when called. 8. The Investigating Officer to file a report to point out what further investigation is done in respect of the fabrication of the said rationing card. 9. The Metropolitan Magistrate, 29th Court, Dadar, Mumbai to give explanation as to how the confession under section 164 was handed over to the accused. 10. S.O. for two weeks. (V.M. KANADE J.)