1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1829 of 2010 Dilip Bhimrao Gotmare ..VERSUS.. State of Maharashtra, through P.S.O., P.S. Kalmeshwar, Dist. Nagpur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Abhay Sambre, Advocate for the applicant. Mr. P.V.Bhoyar, A.P.P. for the respondent-State CORAM : Prasanna B. Varale, J. DATED : 25 th Novem ber , 2010 . Heard. By this application the applicant is seeking regular bail in connection with Crime No. 195/2010 registered with Police Station, Kalmeshwar, Dist. Nagpur for the offences punishable under Sections 419, 420, 467, 468, 471 R/w sec.34 of I.P.C. The applicant had filed Misc. Criminal Application No. 2212/2010 before the District Judge and Addl. Sessions Judge-13, Nagpur. The learned Sessions Court, by order dated 30/10/2010, rejected the bail application on the ground that the applicant has scribed the documents. Therefore, the applicant has approached this Court for grant of bail. Perusal of the complaint/report lodged at Police Station, Kalmeshwar dated 07/12/2010 would show that the grievance of the complainant is that by preparing the false and forged documents certain agricultural property was tried to be sold by the applicant. The complainant has further stated in the report that his agricultural land was not being cultivated by Mr. Ravindra Dandare and as he and his other relatives are residing at Nagpur, they were occasionally 2 visiting the agricultural land. It is further stated in the complaint that the applicant, who is petition writer at the Tahsil Office, Kalmeshwar is the scribe of the alleged forged documents. It is stated that the applicant had also prepared the Partition Deed in the year 2007. Learned Advocate for the applicant submits that vague allegations are levelled against the applicant and there is no material on record to connect the applicant with the crime or to show his connivance with the accused persons. Learned Advocate further submitted that there is also nothing on record or any allegation is levelled in the report that the applicant has received any monetory gain out of this transaction. According to the learned Advocate, the applicant is senior most petition writer. Learned Advocate has invited my attention to the documents, which placed on record along with the Pursis and submitted that the information while preparing the documents was supplied to the applicant by the witnesses and the persons present for preparing the documents. Learned Advocate for the applicant further seeks permission of this Court to place on record one more documents i.e. one sale deed dated 03/8/2010, which is received by him of late. The document is taken on record and marked as “X” for identification. Learned Advocate submitted that initially draft was prepared by the Advocate from Nagpur and subsequently the parties appeared before the applicant for carrying out some corrections and by effecting some changes in page nos.2 to 5 of the said documents, the document was prepared. Learned Advocate, therefore, submitted that the applicant is a petition writer and he is in no way concerned with the parties. He further submits that the applicant is resident of village Ghorad, Tah. Kalmeshwar and he is earning his livelihood as a Petition Writer in Tahsil Office, Kalmeshwar and there is no chance that he will leave Kalmeshwar town. He further submits that the applicant is ready to cooperate 3 with the investigating agency and also ready to abide by the conditions imposed by this Court. Learned Advocate also undertakes to supply a copy of the document “X”, which is placed on record today, to the investigating agency in view to cooperate the agency. He, therefore, prayed for allowing the application. Learned APP for the State has filed reply and strongly opposed the application. Learned APP has expressed an apprehension that if the applicant is released on bail, he may not be available for further investigation. Perusal of the reply reveals that there is no material to show that the applicant in connivance with the other accused persons has played any role in preparing the alleged forged documents. In view of the submissions of learned Advocate for the applicant and in view of the material available, I am of the opinion that prima facie case is made out for grant of bail to the applicant. The apprehension expressed by the investigating agency can be taken care of by putting the applicant on certain conditions. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Kalmeshwar, Dist. Nagpur every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet for three months, whichever is earlier and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. 4 c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Kalmeshwar, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale