{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.312 OF 2010 Nandu s/o Ramsingh Singade Age-40 years, Occ-Agriculture R/o Kadki, Tq-Himayatnagar, Dist-Nanded APPLICANT VERSUS The State of Maharashtra Through Police Station Himayatnagar, Dist-Nanded RESPONDENT ....... Mr. G.P.Shinde, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.34/2009, registered with Himayatnagar police station, Dist-Nanded in respect of an incident dated 25.05.2009 complaint of which is lodged on 26.05.2009 at 00.30 hours and the copy of the same was forwarded to the nearest Magistrate's Court on the same day at 10.30 a.m. Certified copy of the said FIR is shown along with zerox {2} copy, which is verified with zerox and taken on record and marked as "X". The applicant is arrested on 01.06.2009 and since then he is in jail and after completion of investigation, charge sheet has filed filed and the case is numbered as RCC No.32/2009. 2. Heard learned counsel for the applicant and learned APP. 3. Perusal of the PM notes keeps no room for doubt that the death of the deceased, i.e. father of the complainant is homicidal one. The only question for consideration, at this stage, is as to whether there was any assault on the part of the applicant or not. It is urged that the applicant has collected certified copy of the FIR, which was forwarded to the JMFC, Himayatnagar on 26.05.2009 wherein though the name of the applicant is disclosed, yet no overt act is attributed to him. As against this, the copy of the complaint received by the applicant along with the charge sheet indicates that the said FIR shows that the complainant has disclosed that the present applicant has stabbed on the back of his father with Jambia. Learned APP is unable to throw any light on this aspect, it is not even expected from the APP. 4. Section 154 of the Criminal Procedure Code mandates that after receipt of complaint and cognizable offence is registered on the basis of the same, copy of the same has to be provided to the complainant and copy of the same to be forwarded to teh JMFC {3} within 24 hours. The object behind this provision is that there shall not be any tampering or manipulation or modification in the report. 5. This bail application is an exception to the rules, as in the copy of the FIR, forwarded to the JMFC, within 10 hours of its registration, does not disclose any role against the applicant, however, copy of the FIR filed along with the charge sheet suggest something else. Thus, this is a clear case of manipulation of documents during the course of investigation. In criminal law, if such manipulation is noticed then the benefit of doubt should be given to the accused. In the premise, without touching to other aspects of the matter, it is to be inferred that the case is made out to enlarge the applicant on bail. 6. In the result, the application is allowed. The applicant be released on bail in connection with CR No.34/2009, registered with Himayatnagar police station, Dist-Nanded on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant is directed not to leave the local jurisdiction of Himayatnagar police station till disposal of the trial against him. [A.V.POTDAR, J.] drp/A10/criapln312-10