1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1757 OF 2010 (Deepak Bajrang Tayade .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Y.B. Mandpe, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 30TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking pre-arrest bail under Section 438 of the Code of Criminal Procedure for the offence punishable under Sections 420, 468, 199, 200, 193(2) read with Section 34 of the Indian Penal Code vide Crime No. 133/2010 registered with the Police Station, Achalpur, District Amravati. Learned Counsel for the applicant submits that even bare perusal of the complaint/report would show that one Sojar Shah has tampered with one document namely, the transfer certificate by inserting word “Hakim” in stead of “Musalman” as he wanted to take benefit of the forged document. He further submits that the only allegation against the applicant is that he has attested the xerox copy of the document. He submits that at the most it can be said that the applicant has not taken due care and caution while attesting the xerox copy. It is not the prosecution that by way of forged document, the applicant was to gain anything or he has used that document for his personal benefit. Learned Counsel for the applicant submits that the applicant is a Special Executive Magistrate and till date there was no complaint against him except the complaint in question. He further submits that the applicant is ready and willing to cooperate with the investigating agency and he being the Special Executive Magistrate at Achalpur, there is no chance of changing his place of residence. 2 Learned APP has filed reply. The application is strongly opposed by the learned APP. Perusal of the report/complaint shows that the allegations are against one Sojar Shah. It is not the case of the investigating agency that any material is to be recovered at the instance of the applicant. It is also not the case of the investigating agency that the applicant would indulge in tampering the evidence or pressurize the witnesses. I find considerable merit in the submissions of the learned Counsel for 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. Interim protection granted earlier is confirmed on the following conditions. i) The applicant to cooperate with the investigating agency and attend the Police Station, Achalpur on every Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Achalpur, 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 *rrg.