1 crap3304.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3304 OF 2011 Shesherao s/o Kisanrao Potfode ...Applicant VERSUS The State of Maharashtra, through P.S.I. Wadwani Police Station ...Respondent A N D CRIMINAL APPLICATION NO. 3522 OF 2011 Balasaheb Bhagwanrao Rodge ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri B.S.Kudale, advocate for applicants Shri B.V.Wagh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th August, 2011 2 crap3304.11 PER COURT : 1 Heard learned counsel for the parties, as well as perused the investigation papers which are made available for the inspection purpose. 2 These are the two applications preferred by the respective applicants seeking anticipatory bail in connection with C.R. No. 43 of 2011, registered at Wadwani police station, District Beed, for the offences punishable under Sections 420, 467, 471 r/w 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by one Suvarnmala Satyaprem Shendge on 17.6.2011 against the applicants herein. 4 The applicant namely Balasaheb Bhagwan Rodge in Criminal Application No. 3522 of 2011 was the Member and Director of Vividh Karyakari Seva Sahkari Society, Pardi Mategaon; whereas the applicant, namely Shesherao Kisanrao Potphode was the Secretary of the said society at the relevant time. There are allegations against the applicants in respect of two loan transactions 3 crap3304.11 i.e. one of Rs.12,000/- and Rs.7,000/-, dated 24.2.2001 and other loan transaction of Rs.19,000/-, dated 28.3.2003, which were shown in the name of the complainant and as regards the first loan transaction, it is alleged that the applicant Sheshrao Potphode prepared agreement in the name of the complainant and made false signature of the complainant thereon and also gave the authority letter to the District Central Cooperative Ban, Branch Lawul, making false signature of the complainant thereon; whereas as regards the second loan transaction, the applicant, namely Balasaheb Rodge prepared false declaration/agreement in the name of the complainant and signed thereon for the complainant and obtained the cheque of Rs.19,000/- from the Beed District Central Cooperative Bank, Branch Lawul in the name of the complainant and encashed the same. Accordingly, it is alleged that both the applicants in collusion with each other obtained the said loans in the name of the complainant, prepared false documents and forged the signatures for causing wrongful gain, to them. 5 However, although the alleged loan transactions are of the years 2001 and 2003, the complaint appears to have been filed after the delay of 7 to 8 years i.e. in the year 2011. 6 Moreover, it is canvassed that the relevant documents are 4 crap3304.11 in the custody of the above referred society and same can be obtained by the investigating agency from the said society for the investigation purpose. It is also further submitted that both the applicants have been granted interim protection and they have attended the concerned police station and they are ready and willing to cooperate in the investigation henceforth also. Moreover, signatures of both the applicants can be obtained at the time of their attendance and same can be sent for hand writing expert for further investigation. Hence, having the comprehensive view of the matter, on perusal of the investigation papers, it appears that the custodial interrogation of the applicants is not necessary for the further progress in the investigation, and therefore, interim protection granted to the applicants deserves to be confirmed. 7 In the result, interim anticipatory bail granted to both the applicants stand confirmed. However,both the applicants are directed to give attendance before the concerned investigator, as and when required, till filing of charge sheet, and also they shall give their signatures before the concerned investigator for sending the same to Hand Writing Expert for opinion, whenever required, and shall cooperate in the investigation and they shall not tamper with the evidence and/or influence upon the witnesses directly/directly in any 5 crap3304.11 manner whatsoever, and present applications shall stand disposed of accordingly. 8 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3304.11