IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3422 OF 2009 Nayan Vijay More Nadim Salim Shaikh ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ...Respondent. Mr.H.S.Deshpande & Mr.GAjanan Chavan, Adv. for the applicants. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th August, 2009. PC: This is an application under section 439 of Criminal Procedure Code. In CR No.I-22/09 of Mumbra police station an offence punishable under sections 465, 468, 471, 420 read with section 34 of IPC has been registered against the applicants. According to the prosecution the present applicants were not eligible to seek admission to third year B.Com. as none of them had passed second year B.Com. They sought admission in M.S.College, Mumbra on the basis of no objection certificate, transfer certificate and mark list purportedly issued by SIWS college so far as first applicant is concerned and Guru Nanak Khalsa college, Matunga, so far as second applicant is concerned. The applicants after their arrest on 23.6.09 were initially granted police custody for a period of 10 days till 2.7.09 and thereafter they are in judicial custody. The applicants are in custody for a total period of about one and half months. The applicants have disclosed the names of those who supplied them with forged documents to the IO. According to the learned APP so long as those persons are not arrested the applicants ought not be released on bail. Prima facie in the above set of facts provisions of sections 465 and 471 appears to attracted. Both offences are bailable. Be that as it may, as the applicants are 1 in custody for about one and half months, in the facts and circumstances of the present case I am of the view that they are entitled to be released on bail. Both the applicants are permanent residents of Thane and are stated to have roots in the society. It is submitted that there is no chance of the applicants to fleeing from justice. In the result I pass the following order: The applicants Nayan Vijay More and Nadim Salim Shaikh shall be released on bail on executing personal bail bonds in the sum of RS.25,000/- each with one or more sureties in the like amount. Applicants shall attend Mumbra police station every week on Saturday between 4.00 to 7.00 p.m. and cooperate in investigation till charge sheet is filed or for a period of two months whichever is earlier. Application stands disposed of. Appellants to deposit bail amount in cash for a period of two weeks so that they can arrange for surety in the intervening period. 4.8.2009. 2