1 Criminal Application No.682/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.682 OF 2011 Mohammad Husain s/o Gani Sab Bagwan and another ... APPLICANTS VERSUS The State of Maharashtra and another ... RESPONDENTS ..... Shri P.B. Rakhunde, Advocate for applicants Shri K.M. Suryawanshi, A.P.P. for respondent No.1. Shri S.N. Patne, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th April, 2011 PER COURT : 1. Heard finally. The accused/ applicants allegedly manipulated heirship certificate. The issuing authority namely Sarpanch and Village Development Officer faced the heat thereof, being made accused in the crime with accused/ applicants and they were released on bail in terms of Section 438 of the Criminal Procedure Code in such individual application moved by the employees. 2. Mr. Rakhunde, learned counsel makes a statement that even if the heirship certificate was issued, it has not been 2 Criminal Application No.682/2011 acted upon and not used by the accused/ applicants. 3. Counsel representing the complainant Samad Bagwan submits that the applicant No.2 Firoz is indeed selected as a Talathi, based on such bogus certificate. 4. Record prima facie illustrate, the fabricated certificate with interpolation had its ramification and the authorities have squeezed the benefits thereof to be derived by the accused/ applicants. This follows that, issuance of appointment as Talathi for respondent No.2 Firoz is also staggered with a question mark. All the documents are with the authorities, custodial interrogation of the accused/ applicants not warranted. At the most, presence can be secured. Hence order : O R D E R The interim protection dated 21.2.2011 is made absolute. The attendance condition to remain in force till 31st July 2011. Application allowed and finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri682.11