(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.517 OF 2008 IN CRIMINAL APPEAL NO.449 OF 2008. Zuzer Nulwala s/o. Abbas Nulwala & 3 Ors. .. Applicants. Versus Versus Versus The State of Maharashtra. .. Respondent .... Mr.M.H. Banderkar & Arif Shaikh, Advocates for Applicants. Mr.Y.S. Shinde, APP for Respondent. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 26th June, 2008. DATED : 26th June, 2008. DATED : 26th June, 2008. P.C. P.C. P.C. 1. Heard the learned Advocate for the applicants and learned APP for the State. 2. The applicants have been convicted under section 489-C of I.P.C. The applicants are now seeking bail. 3. The learned Advocate for the applicants (2) submits that the applicants were on bail pending trial and they have not misused the liberty granted to them. This statement is not controverted by the prosecution. The learned APP has stated that besides the present case, the applicants have clean record. 4. The prosecution case is that fake notes were found in possession of the applicants and these counterfeit notes were sent to Nasik for expert opinion. The opinion of the expert shows that the notes were counterfeit. It is seen that regarding some counterfeit notes, the numbers which are mentioned in the panchnama (Exhibit 21) are not reflected in the seizure memo (Exhibit 26B). PW.6 A.P.I, Mr.Pawar has admitted this fact and he has also stated that this must have occurred as there is possibility of mixing up of the counterfeit notes at Nasik when they were sent for the opinion of the expert. In view of the admission that the counterfeit notes may have been mixed up at Nasik, the opinion of the expert stating that the notes were counterfeit cannot be safely relied upon. In this view of the matter, I am inclined to grant (3) bail to the applicants. The applicants have already deposited the fine amount. 5. The applicants to be released on bail in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each, with one or two sureties to make up the said amount. The applicants shall report to A.C.B.-CID Crime Branch, Mumbai, twice in a week i.e. on Monday and Thursday for a period of 6 months and thereafter, once in a week till the disposal of the appeal. 6. The application is disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)