1 cri3774.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3774 OF 2011 Rajendra S/o Santaram Shelkar ..Applicant -VERSUS- The State of Maharashtra ..Respondent ..... Mr. R.V. Gore holding for Mr. D.H. Jadhavar, Advocate for applicant Smt. R.K. Ladda, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 26th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest, in connection with C.R. No. 23/2011, registered at Washi Police Station, Tq. Washi, Dist. Osmanabad, for the offences punishable under Sections 463, 464, 405, 466, 2 cri3774.11 467, 420 r/w 34 of the Indian Penal Code. 3. It appears that the crime has been registered on the basis of the private complaint filed by the complainant namely; Ram Babasaheb Khawale on 30th June, 2011 before the Judicial Magistrate, First Class, Washi and the learned Magistrate issued direction under Section 156(3) of the Criminal Procedure Code, and accordingly, the F.I.R. came to be registered. 4. The applicant is a clerk working in the Child Development Project office and it is alleged that, he, in collusion with co-accused i.e. accused no.3-Jyoti Ganesh Ghute and accused no.5 Gram Sevak, fabricated and forged the record in respect of the birth date of co-accused by changing her date of birth from 3rd June, 1987 to 6th March, 1985. However, on perusal of the contents of the F.I.R. and investigation papers, apparently, it appears that the applicant is merely clerk in the aforesaid office, whereas the co-accused i.e. accused no.1 is a Secretary in the said office. Admittedly, the applicant, who is clerk in the said 3 cri3774.11 office, is not the appointing authority. Main allegations are against accused no.3 i.e. Jyoti Ghute, accused no.5 Gram Sevak and accused no.1-Triveni Gulabrao Potbhare, who is the Secretary of the aforesaid office. The role ascribed to the applicant herein in the contents of the F.I.R. is that he is allegedly in possession of the above referred document and that the accused no.3 in connivance and in collusion with the accused nos.1, 2, 4 and 5 prepared a fabricated and forged document and secured the appointment letter. Apparently, there is no specific role or over act attributed to the applicant herein in the alleged commission of offence. 5. In the circumstances, considering the accusations made against the applicant and the nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation and hence, the applicant is entitled for bail, but on certain conditions. 6. In the result, present Criminal Application is allowed and it is directed that in the event of arrest 4 cri3774.11 of the applicant, he be released on bail under C.R. No.23/2011, registered at Washi Police Station, Tq. Washi, Dist. Osmanabad, for the offences punishable under Sections 463, 464, 405, 466, 467, 420 r/w 34 of the Indian Penal Code, on furnishing P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall give attendance before the concerned Investigator twice in a week i.e. every Monday and Thursday between 10 a.m. to 5 p.m. till filing of the charge sheet and shall co-operate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 5 cri3774.11 8. The present Criminal Application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3774.11