( 1 ) cria5252.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5252 OF 2011 1. Niyaj Mohammad Shaikh Noor Mohammad .. Applicants Age. 40 years, Occ. Business, R/o. 93, Aksa Nagar, Meharun, Taluka and Dist. Jalgaon. 2. Sayyed Asif Sayyed Shahid Age. Major, Occ. Business, R/o. 78, Jillha Peth, Dixit Wadi, In front of Civil Hospital, Jalgaon. 3. Vasim Fakir Mohammad Shaikh Age. Major, Occ. Business, R/o. Alpabachat Quarter Class-II, Opp. Collector Bungalow, Taluka and Dist. Jalgaon. Versus The State of Maharashtra & Anr. .. Respondents Mr. V.B. Patil, Advocate for the applicants. Mr. K.S. Patil, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 14.12.2011 P.C. :- 1. Heard learned advocates on both sides. The applicants apprehend arrest in C.R. No. 353 of 2011, ( 2 ) cria5252.11 registered with M.I.D.C. Police Station, Dist. Jalgaon, for the offences punishable under sections 465, 467, 468, 471, 474 r/w 34 of the I.P.C. The complaint is filed by one Mr. Nandkishor alleging therein that Sauda Pawati dated 16.08.2006, purported to have been executed by his father Ramlal in favour of present applicant, in regard to sell of certain immovable property, mentioned in the Sauda Pawati is forged. A private complaint has been filed to ventilate grievance in regard to aforesaid alleged forgery. In the said private complaint certain points have been mentioned on the basis of which said Nandkishor alleges that said Sauda Pawati is bogus. It is pertinent to note that said Sauda Pawati is dated 16.08.2006 and complaint has been filed in the year 2011. 2. Looking to the text of the complaint, I am inclined to observe that custodial interrogation of present applicant is not necessary. He could be suitably interrogated without custodial interrogation. ( 3 ) cria5252.11 3. The crux of the complaint is original Sauda Pawati dated 16.08.2006. The police are hunting for said document. Learned advocate Mr. V.B. Patil appearing on behalf of the applicant submitted that he filed Civil Suit against Nandkishor concerning said Sauda Pawati and rent in question in the Court of Civil Judge, Senior Division, Jalgaon, being Special Civil Suit No. 278 of 2011. Learned advocate for the applicant Mr.V.B. Patil, upon instructions, stated before this Court that said original Sauda Pawati dated 16.08.2006 is already lodged with the learned Civil Judge, Senior Division, Jalgaon, in connection with the suit mentioned above. The statement is noted and recorded. 4. Looking to the nature of the complaint, the applicant will have to offer himself before the concerned Police Officer for tendering specimen handwriting and specimen signature. This would be a part of ( 4 ) cria5252.11 investigation, for which the applicant will have to co- operate. 5. All this discussion is with reference to applicant No.1, who is said to have purchased said land in question from Ramlal. Applicant Nos. 2 and 3 are attesting witnesses for said Sauda Pawati. Undoubtedly, the role of these attesting witnesses would be absolutely minimum. At the same time specimen handwriting as well as specimen signature of these applicants would also be necessary. So, they will also have to tender specimen handwriting as well as specimen signature to the police, if demanded. 6. In view of above, the the applicants are entitled to anticipatory bail. Hence, the following order is passed :- 7. In the event of arrest of any of the applicant ( 5 ) cria5252.11 in connection with C.R. No. 353 of 2011, registered with M.I.D.C. Police Station, Jalgaon, the applicant be released on bail in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with one surety in like amount. The applicant shall execute P.R. bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand). The applicants shall report to the concerned police station firstly on 20.12.2011 and thereafter as and when called. It will be open for the investigating agency to demand specimen handwriting and specimen signature of the applicants. The applicants are bound to comply with those requisitions. If not, it will be open for the State to apply for cancellation of their bail. [R.Y. GANOO, J.] snk/2011/DEC11/cria5252.11