IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1794 OF 2008 CRIMINAL APPLICATION NO. 1794 OF 2008 CRIMINAL APPLICATION NO. 1794 OF 2008 Dr.Abdul Wahab Haji Dawood Mirza. ... Applicant. V/s. The State of Maharashtra. ... Respondent. A.P.Mundargi i/b. Ganesh Gole for the applicant. Ms.A.T.Zaveri, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 16th June 2008. DATED: 16th June 2008. DATED: 16th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The present application is moved under section 438 of Code of Criminal Procedure, 1973 to seek anticipatory bail apprehending his arrest in C.R.No.57/2008 registered with Marine Drive Police Station, Mumbai for the offences punishable under sections 465, 468, 471, 420 read with section 34 of Indian Penal Code at the instance of the complaint filed by Dr.Chandrahans R. Chauhan, Acting Director of Jamnalal Bajaj Institute. 3. The applicant has invoked jurisdiction of this Court after having suffered adverse order dated 8th May, 2008 at the hands of Asst.Sessions Judge, Greater Bombay passed in Anticipatory Bail Application No.544/2008. 4. The material facts on record reveal that the complainant lodged a complaint that Common Entrance Test for MMS course of the Jamnalal Bajaj Institute of Management Studies was held for the year 2007-08 and 120 students were selected. Thereafter, after 14th July, 2007, original documents of all these 120 students were taken by the institution along with the necessary fees. But no fees were taken from the students, namely; Kum.Anupam Kujbihari Dave, Anshul Atul Agrawal, Karan Rajesh Doshi and Asma Zukoh Shah, whose caste certificates were found to be bogus. As such the present offence was registered against the four students. 5. During the course of investigation, the aforsaid four students gave their statements to the Police that the present applicant had prepared those bogus certificates and submitted those documents to the Jamnalal Bajaj Institute to get them admitted in the said institute. - 3 - 6. The learned Sessions Judge, while refusing to grant pre-arrest bail to the applicant, has observed as under: "5. At this stage there is material on record which creates serious apprehension regarding complicity of the applicant in the present offence since there is no occasion for the four students to name the applicant if he was not involved as such it can not be said that the accusation against the applicant is false and as such at this preliminary stage of investigation I am of the view that the applicant would not be entitled for grant of anticipatory bail....." 7. Having seen the contents of the F.I.R., there is sufficient material to connect the present applicant with the offence alleged. The trial Court has rightly observed that there was no occasion for the four students in question to name the applicant unless he is involved in the activities of issuing fake caste certificates. On being asked as to why one should approach the medical practitioner to seek caste certificate, Mr.Mundargi, learned senior counsel, appearing for the applicant had no reply to answer the question. Under these circumstances, considering the gravity of the offence and rampant use of fake caste certificates for obtaining admissions in various educational institutions and/or to obtain employment in the Govt. or semi-government establishments, the - 4 - offence alleged needs thorough investigation. Therefore, I am not inclined to entertain this application for anticipatory bail. It is for the investigating officer to investigate the offence alleged. That cannot be stalled by this Court by granting anticipatory bail. 8. In the result, application is rejected. JUDGE JUDGE JUDGE