1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1927 of 2009 (Shri Javed Shafi Deshmukh and others vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Javed R.Shaikh, Adv., for applicants. Mr. V.D.Godbharle, APP, for respondent State. Mr.U.S.Malte, Adv., for intervenor/complainant/R.no.2. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/9/2009 P.C.:- 1. Heard. 2. The applicant No.1 Javed Shafi Deshmukh is the Talathi of the concerned village while the applicant No.2 Yograj Lotan Patil is the person who allegedly purchased the property for which there was an agreement of sale which is treated as cancelled. It is contended, the applicant no.2 Yograj made an application for 2 crop inspection on an area of 17 R. of Gat No.276 somewhere in Sept.,2008, which has been activated by the Talathi, applicant no.1 who submitted his report in form no.14 as per the procedure to Tehsildar. The allegations prima facie will not be revolving against the applicant no.1 Javed Shafi Deshmukh, the Talathi of the village with any specific role requiring his custodial interrogation. However, considering the nature of allegations and status of the accused applicant No.2 Yograj Lotan Patil, the protection in terms of Section 438 of Cr.P.C., as sought by him, is not available as the relevant documents are to be taken charge. The thumb impression allegedly made by the witnesses or the brother of the complainant are to be verified. It was contended that the notices which were served, indeed, were not so signed by the respective persons and the Talathi has tried to effect illegal service, thereby has 3 committed fraud with the Government. Even if these allegations are accepted, they will not warrant custody of Talathi / accused no.1. Hence order. ORDER (a) The interim protection granted by this Court dt.26th June, 2009, is made absolute, to the extent of applicant no.1 Javed Shafi Deshmukh, while the interim protection for accused/applicant no.2 Yogiraj Lotan Patil is withdrawn/cancelled. (b) In the event of arrest of accused/applicant no.1 Javed Shafi Deshmukh, he be released on furnishing P.R. bond and surety in the sum of Rs.10,000/-, till filing of chargesheet. (c) The accused/applicant No.1 shall attend the concerned investigator in the crime No. 26/2009, registered with Jalgaon Police Station on every Sunday between 5 to 9 p.m. till 4 chargesheet is filed. The application of applicant no.2 Yograj Lotan Patil is rejected. Application partly allowed. (K.U.CHANDIWAL) JUDGE ... agp/1927-09crapl