1 CRAPL NO.475/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 1. APPLN/475/2011 SUBHASH RAMRAO RATHOD AND [Criminal] ORS V/S 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. S.S.Rathi, Adv., for the applicants. Mr.N.B.Patil, APP for State. Mr. S.R.Choukidar, Adv., for R.2. ... CORAM: K.U.CHANDIWAL, J. DATE:24/3/2011 1. Heard. Counsel for respondent has filed power in the office and has filed affidavit in reply. Copy already received by Mr. Rathi. 2. Heard. From land Survey No.621 owned by the Government, situate at Parbhani, certain area, around 20 gunthas, was allegedly allotted to respondent no.2. The controversy revolves to possession of said area which is subject matter of RCS No. 4/2004 where the applicant has lost. He has preferred an appeal before the learned District Judge at Parbhani in which status quo orders are issued. 2 CRAPL NO.475/2011 3. Though Mr. Choukidar, learned Counsel for respondent, allottee of 20 gunthas of land has pointed out irregularities on the part of the applicant, however, this Court is not called upon to investigate about validity of the title or acquiring the property from the Government by misrepresentation. The appropriate authorities, on being informed, would have their own recourse. 4. For the present, in a matter where complaint is lodged by respondent no.2, seeking infraction in respect of their possession or demolition of a house, custodial interrogation is not contemplated. Whatever is the set of documents, it is either subject matter of the dispute in Civil Court or before the competent authorities. Entry in Schedule I, under Bombay Public Trusts Act, in 2003 of respondent no. 2, is inconsequential for the purposes of dealing with the application in terms of Section 438 of Cr.P.C. The applicant no.1 is a Government servant, Nos. 2 and 3 3 CRAPL NO.475/2011 are the employees – Headmaster of the school conducted by applicant no.1 while others are teacher or Sub Staff in the said institution. Least chances of these applicants absconding or misusing the bail. Consequently, the interim protection dt.7th Feb.,2011 is made absolute. The attendance condition is modified, the accused/applicant to attend on every Sunday between 3 p.m. to 6 p.m. till 31st July, 2011. The applicants shall ensure to furnish requisite documents, apart from the one produced in the civil litigation, if so commanded by the investigator. Application allowed. (K.U.CHANDIWAL) JUDGE ... AGP/475-11crapl