1 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.784 OF 2010 Bharatkumar s/o Tekchand Dembda & ors. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.M. Karad, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondents, assisted by Shri S.N. Pagare, Advocate for complainant. ..... W I T H CRIMINAL APPLICATION NO.2135 OF 2010 Bharatkumar s/o Tekchand Dembda & anr. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.M. Karad, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondents ..... W I T H CRIMINAL APPLICATION NO.1684 OF 2010 Mohan s/o Sakharam Thorat & ors. ... APPLICANTS VERSUS 2 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.S. Deshpande, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent No.1 Shri S.J. Salgare, Advocate holding for Mrs. S.S. Jadhav, Advocate for respondent No.2. ..... W I T H CRIMINAL APPLICATION NO.1683 OF 2010 Mohan s/o Sakharam Thorat ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.S. Deshpande, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent No.1 ..... W I T H CRIMINAL APPLICATION NO.2560 OF 2010 Sau. Anita w/o Bharatkumar Dembda & anr.... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.S. Deshpande, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent No.1 ..... 3 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 CORAM : K.U. CHANDIWAL, J. DATE : 9th February, 2011 PER COURT : 1. Heard. Learned A.P.P. is equipped with handwriting expert’s report. The learned expert could not opine definitely in respect of the one of the disputed signature QC-1 of red encircled signature SC-1 to SC-6 for want of sufficient identified characteristic for scientific examination. In the earlier para, he has opined about matching the signatures in respect of QB-1, QD-1, QE-1. 2. In Criminal Application No.784/2010 and 2135/2010, the controversy between two brothers and other family members has reached its peak of acrimony, one brother filing report at Jalna while the other in retaliation prosecuting remedies either at Badnapur or at Aurangabad. The present proceedings arise out of Crime No.M-01/2010 and M-05/2010, registered at Badnapur Police Station, initiated by Suryaprakash (original complainant). It is the case of Suryaprakash that the documents concerning his property tendered with Deogiri Nagari Sahakari Bank, Mukundwadi were forged as they did not bear his signature. These documents were 4 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 prepared in the name of Anita w/o Bharat Bembda though she was not concerned with the said land Gat Nol.953 of 1 Hector 12 Ares vide Mutation Entry No.957. It was also canvassed that, the mortgage created in favour of Deogiri Nagari Sahakari Bank in the year 1995 for an amount of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs) was suspicious. 3. Considering the nature of controversy between the parties, matter revolved to handwriting on documents, expert has opined. Investigator has carried verification of the document, of which custody is taken by him, further custodial interrogation of each of the applicants in Criminal Application nos.784/2010 and 2135/2010 is not warranted. Consequently, the ad-interim protection with the conditions therein is made absolute. Additionally, the accused/ applicants shall not cause any sort of threat or coertion to the complainant or his family members. Any action, on verification by police, detrimental to the interest of the complainant, Suryaprakash, will result in cancellation of discretion under Section 438 of the Criminal Procedure Code. 4. By Criminal Application No.1684/2010 and 1683/2010, the Bank officials have requested to release them on bail in the 5 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 event of arrest in Crime No.M-5/2010 of Badnapur Police Station and M-1/2010 of the same police Station. Counsel for respondent No.2 opposed to entertain the application of Bank employees. 5. The allegations mostly revolve against the borrower, who has purportedly signed the documents and charge was created by the Bank. It cannot be said, at this stage, that there was any connivance or concert on the part of the Bank officials or applicants to dupe the owner of the property. It is unconceivable that the applicants herein were party to any forgery. The custodial interrogation of these officials not warranted. 6. In the result, in the event of arrest of the accused/ applicants (1) Mohan s/o Sakharam Thorat, (2) Devidas s/o Ramchandra Koli and (3) Pradeep s/o Baburao Khotkar in Criminal Application No.1684/2010 and the applicant Mohan s/o Sakharam Thorat, in Criminal Application No.1683/2010, each one of them be released on furnishing P.R. bond and surety in the sum of Rs. 10,000/- (Rupees ten thousand). Mohan s/o Sakharam Thorat will execute two sureties in two distinct crimes referred above. The accused/ applicants shall attend the investigator and shall cooperate if document in custody of the officials is sought for by the 6 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 investigator. The applicants will not influence the witnesses concerning in the matter. Applications allowed in above terms. 7. In Criminal Application no.2560/2010, pre-arrest bail in Crime No.69/2010, registered at Badnapur Police Station for an offence under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code is sought. The applicant No.1 Anita is housewife while applicant No.2 Amit is Director of Amit Products India Ltd. There are controversies between two brothers namely Bharatkumar Dembda and Suryaprakash on several properties. One of the contention is, by virtue of forged documents, mutation of a bungalow at Jalna is effected while the rival group of Suryaprakash says, agricultural property is erroneously pledged or charge is created with the Bank dubiously. Since the matter mostly revolves to the documents of which custody is taken by the investigator and the applicants are permanent residents and no criminal antecedents, the applicants deserve pre-arrest bail. In the event of arrest of accused/ applicants No.1 Anita and applicant No.2 Amit, each one of them be released on furnishing P.R. bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). 8. Applicant No.2 Amit shall attend the investigator on 7 Criminal Application Nos.784/2010, 2135/2010, 1684/2010, 1683/2010 & 2560/2010 every alternate Sunday between 3.00 p.m. to 5.00 p.m. till 31.7.2011. The accused/ applicants shall not influence the complainant and coerce the witnesses. Application allowed to the extent as above. K.U. CHANDIWAL JUDGE fmp/cri784.2010