ANAND M KATHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Joshi for the Applicant and Shri Salvi APP for State. In this case the application for bail was kept pending in view of the fact that the police custody remand was granted by Magistrate till 27th. Today I am told by the learned counsel for the Applicant that the instructing Advocate who was present in Court of the learned Magistrate has informed him that the police custody remand was asked for and the learned Magistrate was pleased to grant only two days custody as the reason for police custody was that the specimen handwriting and signature of the Accused has remained to be taken. It is difficult to appreciate that when the accused was in police custody for about 10 days why the specimen signature and handwriting of the Accused was not obtained. Even otherwise, the same can be obtained in Court in the presence of learned Magistrate which in fact would be difficult for the accused to challenge at a later stage that it is not his signature or handwriting. For comparison with the admitted signature and handwriting of the Accused, the same can be obtained from the Bank records. The other persons who have signed the cheque in due course of their duty for the purpose of passing of the cheque would normally refuse to admit even if they have passed the cheque and this is a question which can be decided only on merits. In case the signature and handwriting are found to be forged the liability may come to the Accused. Even then it will have to be considered as to what is exact liability of the Accused and whether it is the liability of the accused alone or not is for the trial Court to decide ultimately. However, this is prima facie opinion and should weigh with the learned Magistrate or the learned Judge whosoever decided the case on merits. Considering the reason for which the custody was asked for, I am of the view that it is no more necessary to keep the applicant in custody, specially because today being the last day of my sitting in vacation and as I have fully heard the matter, I am inclined to pass the following order:

(2.) THE Applicant be released on bail on furnishing security of Rs.10,000/- with one or two sureties of like amount. The Applicant is at liberty to furnish cash security, either with the learned Magistrate or with the Police Officer, which shall thereafter be deposited with the Court. The Applicant is directed to attend the M.R.A. Marg Police Station for investigation of C.R.No.211/97 if and when required and to give specimen signature and handwriting if required by the police either in presence of the Police Officer or in presence of the learned Magistrate. Application stands disposed of.