ABDULLAH ABDUL QADIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.I-36 of 2020 registered with the Aayesha Nagar Police Station, Malegaon for the alleged offences punishable under Ss. 402, 405, 466, 468, 471 read with Sec. 34 of the Indian Penal Code, Sec. 12(b) of the Passport Act; Rule 3 and 6 of the Passport (Entry into India) Rule, 1950; Clause 3(1) of the Foreigner's Citizen Order, 1948 and under Sec. 14, 2 (Report to Police) Rule, 2001 of Foreign Citizens Act, 1946, the applicant has filed present anticipatory bail application seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) After having heard the parties, it appears that the only allegation against the applicant is that he signed the birth certificate which was allegedly prepared by accused No.9/Ulhas Shankarrao Mahale. There is no dispute about the role played by the applicant.

(3.) According to prosecution, it is alleged that one Alam Ansari prepared forged documents, i.e. Aadhar Card, Voter Card and Birth Certificate to show that he was resident of Malegaon and on the basis of these documents, passport was issued to him. Accused No.9 had filed Criminal Bail Application No.580 of 2021. The allegations against accused No.9 was that he downloaded birth certificates of various persons in Mynet software in the office computer of the Municipal Corporation and modified it to prepare birth certificate in the name of Alam Ansari on Municipal Corporation's letter pad. The role attributed to the applicant is that he signed said birth certificate.