IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1051 OF 2009 Mohd. Shaikh Abdul Aziz Shaikh ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.R. Chitnis, Senior Counsel i/b. S.V. Dhakephalkar for Applicant Mrs. M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 13TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant was arrested on 27th January, 2009 in connection with an offence punishable under sections 420, 419, 465, 468, 471 r/w. 34 of the Indian Penal Code. 3. The prosecution case is that the Accused Nos.1 and 2 on the basis of forged and fabricated documents opened the bank account in the concerned bank and, thereafter, had obtained a home loan on the basis of fictitious documents. The present Applicant had stood as a guarantor for the loan. Subsequently, the said loan was disbursed to the original Accused No.1. Thereafter, the present complaint was filed on 31.12.2008. An amount of Rs.8 lacs has been recovered from the Accused No.1. 4. Shri Chitnis, Senior Counsel for the Applicant submitted that there is no material to indicate that the Applicant was aware about the intention of the Accused Nos.1 and 2 to obtain loan on the basis of forged and fabricated documents. He submitted that only role has been attributed to the present Applicant that he was the guarantor of the said loan. 5. The learned APP for the State has invited my attention to the order passed by the learned Sessions Court and submitted that the Applicant is also one of the conspirator in the said case. However, the learned APP for the State was unable to point out any material to indicate that the Applicant had aware about the fabrication of the documents produced by the Accused No.1. 6. Investigation is already over. The Applicant is in jail since 27th of January, 2009, therefore, continued detention of the Applicant, in my view, is not necessary. The Applicant, however, shall forthwith hand over the passport to the Investigating Officer. 7. The Applicant, under these circumstances, be released on bail in a sum of Rs.10,000/- with one or two sureties in the like amount. The Applicant shall initially furnish cash surety and within two weeks thereafter shall furnish sureties as directed by this Court. One of the sureties shall be a local surety. 8. The Applicant shall hand over the passport to the Investigating Officer at the time of furnishing cash surety to the Learned Magistrate. The Applicant shall report to the concerned police station once in a week till filing of the chargesheet and, thereafter, once in a month. 7. Application is, accordingly, disposed of. V.M. KANADE J.