(1) CRI.APP. 3407.2010+2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3407 OF 2010 Nilkanth S/o Tukaram Dhotre Age : 60 years, Occu.: Agri., R/o : Signal Camp, Sut Mill Road, Latur, Dist. Latur .. Applicant VERSUS 1. The State of Maharashtra Through Police Inspector, Omerga Police Station, Dist. Osmanabad 2. The Superintendent of Police, Osmanabad, Dist. Osmanabad (Copy for respondent nos. 1 and 2 be served on P.P. High Court of Bombay Bench at Aurangabad) .. Respondents WITH CRIMINAL APPLICATION NO. 3417 OF 2010 Vijaykumar S/o Tukaram Patil, Age : 49 years, Occu.: Service, R/o : Koregaonwadi, Tq. Omerga, Dist. Osmanabad .. Applicant VERSUS 1. The State of Maharashtra Through Police Inspector, Omerga Police Station, Dist. Osmanabad 2. The Superintendent of Police, Osmanabad, Dist. Osmanabad (Copy for respondent nos. 1 and 2 be served on P.P. High Court of Bombay Bench at Aurangabad) .. Respondents (2) CRI.APP. 3407.2010+2 AND CRIMINAL APPLICATION NO. 3418 OF 2010 Uttam S/o Ramchandra Gaikwad Age : 58 years, Occu.: Pensioner, R/o : Kadir, Tq. Omerga, Dist. Osmanabad VERSUS 1. The State of Maharashtra Through Police Inspector, Omerga Police Station, Dist. Osmanabad 2. The Superintendent of Police, Osmanabad, Dist. Osmanabad (Copy for respondent nos. 1 and 2 be served on P.P. High Court of Bombay Bench at Aurangabad) .. Respondents Mr. S.S. Shinde, Advocate for the Applicant (In Criminal Application no. 3407 of 2010) Mr. A.N. Nagargoje, Advocate for the Applicants (In Criminal Application nos. 3417 of 2010 and 3418 of 2010) Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 27TH SEPTEMBER, 2010 ORAL ORDER:- 1. All the three Applications are being disposed of together. 2. Heard learned Advocates for the applicants (3) CRI.APP. 3407.2010+2 and learned APP. Applicant Nilkanth is said to be brother of complainant’s husband. Complainant Smt. Kalpana filed private complaint alleging that the applicants fabricated certain documents including a partition deed dated 19th June, 2003. On basis of such fabricated documents, mutation entry was got sanctioned in the name of applicant Nilkanth. It is alleged that applicant Nilkanth being a Revenue Officer, could obtain help from the other applicants with a view to get the mutation entries sanctioned. 3. It prima facie appears that complainant Smt. Kalpana filed a civil suit challenging the mutation entries as well as the document styled as partition deed. The civil suit is yet pending. That suit was filed in 2008 whereas the private complaint application was filed in 2010. The learned APP states that report of hand-writing expert is yet awaited and therefore it is not explicit, prima facie, whether the partition deed and the other documents were forged. (4) CRI.APP. 3407.2010+2 4. Though, there is allegation that the documents have been forged, yet there is no prima facie material to infer that all the applicants conspired to prepare such document. Moreover, custodial interrogation of the applicants is not necessary in such a case because the civil dispute is pending since a couple of years before filing of the complaint and that it would serve the purpose of investigation if the applicants are directed to attend the concerned Police Station for the purpose of giving specimen of their handwriting and signature. 5. Considering the foregoing reasons the Applications are granted. The applicants are directed to be released on bail, in the event of their arrest, on furnishing of bail bond in sum of Rs.15,000/- (Rs. Fifteen Thousand) each alongwith one surety each in like sum before the Arresting Officer and on condition that they shall attend the concerned Police Station on every Sunday between 10.00 am. to 2.00 pm. for three consecutive Sundays (5) CRI.APP. 3407.2010+2 hereafter and that they shall give specimen of their handwriting and signatures, if so required by the Investigation Officer and shall co-operate during the course of investigation. Applications are disposed of. Sd/- [V.R. KINGAONKAR, J.] arp