1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5611 OF 2009 1. Ramprasad Kera Yadav 2. Dinesh Hargen Pal .. Applicants V/s The State of Maharashtra & Anr. .. Respondents ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. B.G. Tangsali i/b Mr. S.L. Mhatre for the applicants. Mrs. A.A. Mane, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 2ND FEBRUARY 2010 P.C. : 1. Heard. 2. The applicants seek bail in connection with C.R. No.49 of 2009 registered at Neral Police Station, District Raigad for an offence punishable under sections 406, 417, 419, 420, 2 427, 467 read with 34 of the I.P.C. 3. The prosecution case in short is that one Pralhad Ramchandra Naik is the owner of a property bearing survey no.34/4B of village Shelu, Taluka Karjat, District Raigad. Mr. Azim Amin Revanikar, who is accused no.2, claiming to be power of attorney holder of the owner (the complainant) executed a registered sale deed dated 27th July 2006 of the said property in favour of the accused no.1. The present applicants have signed the said sale deed as attesting witnesses and therefore arrayed as accused nos.3 and 4. According to the complainant, he had never executed a power of attorney in favour of the accused no.2 and the power of attroney is forged and fabricated document. The fraud has been committed by the accused no.2 by forging the power of attorney and selling the property by using the forged power of attorney. 3 4. The applicants are not the witnesses to the power of attorney. They have only signed the sale deed as attesting witnesses. As attesting witnesses they have attested the signature of accused no.2 as well as the purchaser (accused no.1). Merely by attesting the signature on the sale deed, prima facie, the applicants cannot be said to be parties to the fraud. 5. In these facts and circumstances, in my view, the applicants can be granted bail. Hence, I pass the following order:- ORDER The applicants be released on bail on each of them executing a personal bond of Rs.15,000/- with one surety of the like amount. (D.G. KARNIK, J.)