1 appln 129 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.129 OF 2011 Shrishir P Dharkar .. Appellant -versus The State (at the instance of CBI, ACB , Mumbai) and anr .. Respondents. Mr. A. H. H. Ponda, with Mr. Raju Bhura and Mr. Sachin Chikar i/b Singhania Legal Services, for the Applicant. Mr. Mandar Goswami, Special Public Prosecutor for Respondent State. CORAM: R.C. CHAVAN, J. DATED: 18th July, 2011 P.C. 1. This is an application for quashing the order dated 27th January, 2011, passed by Special Judge, Greater Mumbai, whereby he held that the applicant was not entitled to bail under Section 167(2)(a)(ii) of Criminal Procedure Code because the charge levelled against accused is for offence punishable under Section 467 of the Indian Penal Code, in respect of which investigation was in progress. 2. I have heard learned counsel for the applicant and learned Additional Public Prosecutor for the Union of India. Learned counsel, for the applicant pointed out that the same learned Judge had in fact observed in earlier order granting bail on merits that as regards to offence under Section 467 of 2 appln 129 of 2011 the IPC, “prima facie there appears no support”. After this the learned Judge seems to have found that the charge levelled is under Section 467 and therefore, the applicant would not be entitled to bail by default under Section 167(2)(a)(ii) of Cr. Pro. Code. Learned Additional Public Prosecutor for the Union of India, could not point out that there is any material on record so far collected to show that the present applicant is involved in preparing false documents or forgery so as to attract offence under Section 467. If that offence goes, the other offences are not punishable with imprisonment for a life term. Therefore the prescribed period in which investigation ought to have been completed is 60 days. Since investigation is still incomplete, the applicant would be entitled to bail by default under Section 167 (2)(a)(ii) of Criminal Procedure Code. 3. In view of this application is allowed. The order dated 27th January, 2011 passed in Criminal Bail Application No.3 of 2011 by the learned Special Judge, Greater Mumbai, is set aside and the applicant is ordered to be released on bail on his furnishing PR bond in the sum of Rs.5,00,000/- with one or more solvent sureties in the aggregate sum of Rs.5,00,000/- on the condition that the applicant shall attend the office of CBI, ACB, Mumbai between 11.00 a.m. to 3.00 p.m. in every alternate day, after his release from the prison. (R. C. CHAVAN, J.)