/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.717 OF 2008 IN CRIMINAL APPEAL NO.496 OF 2008 1. Rajesh Ramsanjeevan Mishra 2. Satish Ramsanjeevan Mishra 3. Vinaykumar Radhesham Pande ...Applicants Vs. The State of Maharashtra ...Respondent --- Shri Mirza Yadullah & Rajesh Gupta for Applicants Shri P.A. Pol APP for the State ---- CORAM: V.M. KANADE J. DATED 16TH DECEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. In the present case, pursuant to the direction given by this Court, the Applicants have prepared the private paper book. 3. This is an application for bail. The Applicant Nos.1 and 2 had been convicted by the Trial Court for the offences punishable under sections 489-A and 489-C of the Indian Penal Code. The Applicant No.3 is convicted for the offences punishable under sections 489-A, 489-B and 489-C of the Indian Penal Code and all of them are sentenced to suffer R.I. for five years. The Applicants are in jail roughly for a period of one year each, out of the five years awarded by the Trial Court. / 2 / 4. The learned Counsel appearing on behalf of the Applicants has taken me through the notes of evidence. He has submitted that both the independent witnesses viz. the panchas and the landlord, who had given his room on rent to the Applicant No.3 have turned hostile and have not supported the prosecution case. The remaining witnesses are the police officers, who had conducted the raid on information, which was received by PW-1. He submitted that since the independent pancha witnesses have turned hostile, no reliance can be placed on the panchanama regarding seizure of the xerox machine and other articles where the counterfeit notes were allegedly printed by the Applicant No.3. There is much substance in the submission made by the learned Counsel appearing on behalf of the Applicants. Since the pancha PW-2 and the landlord PW-3 have turned hostile and have not supported the prosecution case, the seizure of the machine where the counterfeit notes were printed becomes doubtful. 5. Under these circumstances, the Applicants deserve to be released on bail. 6. The Applicants be released on bail in a sum of Rs.10,000/- each / 3 / with one or two sureties in the like amount. The Applicants shall report to Chembur Police Station once in a week. 7. Application is disposed of. V.M.KANADE J.