BA-454-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.454 OF 2011 Rajiv Hariram Chimnani & Anr. ... Applicants V/s. The State of Maharashtra, Thru' Nerul Police Station, Navi Mumbai ... Respondent Mr. Subhash Jha, i/b. Mr. Subhash Hulyalkar, for the Applicants. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 15 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. I have also gone through the facts of the case, as reflected in the copies of the remand applications, which are annexed to the Bail Application. 3. Undoubtedly, a prima facie case exists against the Applicants. It, indeed, appears that the Applicants obtained loan from the Bank of India by submitting forged and fabricated documents. However, Mr. Jha, the learned Advocate for the Applicants, submits that the Applicants initially, i.e. for a period of about three years, paid the installments of the loan and it is only later that they stopped BA-454-11.sxw 2 Dixit paying the same. The loan was taken in the year 2004. The F.I.R. came to be lodged on 1st December, 2009. The Applicants are in custody since 4th December, 2009. 4. Mr. Saste, the learned APP for the Respondent, informs that the charge in the matter has been framed on 3rd March, 2010. However, no evidence has been recorded as yet. Undoubtedly, Mr. Saste, the learned APP, submits that the matter was being adjourned as the Advocate for the Applicants used to remain absent on the given dates. 5. The fact, however, remains that the Applicants are in custody for about 19 months and, though all the offences are triable by the learned Magistrate, the trial has not yet commenced. In this regard, the provisions of Section 437(6) of the Code of Criminal Procedure also need to be kept in mind. 6. There appears to be another case against the Applicants also, in which they have secured a loan from another Bank, i.e. Allahabad Bank, by submitting forged and fabricated documents. However, considering the period already spent in custody as under-trial prisoner by the Applicants, I am inclined to release them on bail. 7. The Bail Application is allowed. 8. The Applicants are ordered to be released on bail in the sum of Rs.1,00,000/- each, with one surety in like amount. [A.M. THIPSAY, J.]