1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4181 OF 2008 1. Shri Yusuf Izak Shaikh 2. Mrs. Jayada Yusuf Shaikh 3. Dastgir Nanumiya Shaikh ...... Applicants. V/s The State of Maharashtra ........ Respondent. ------ Mr. Sugandh B. Deshmukh with Mr. Sandeep Pathak for the applicants. Mr. S.R. Shinde, APP for the State. ------- CORAM : V.M. KANADE, J. DATE : 12th January, 2009 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. The learned APP has filed an affidavit dated 2 7/1/2009 which is taken on record. 2. Applicants are arrested in connection with the offence punishable under sections 420, 465, 467, 468, 471 and 34 of the Indian Penal Code which is registered with Khadak Police Station. 3. It is the case of the prosecution that the applicants have fabricated Power of Attorney in collusion with the Notary and have executed a Sale Deed dated 10th August, 2007 in respect of certain properties situated at Gaothan Ghorpadi Peth, Pune. A complaint also has been filed against them under section 138 of the Negotiable Instruments Act in the Court of learned Judicial Magistrate, First Class, Daund. It is an admitted position that a charge-sheet has been filed and co-accused have been released on bail by an order dated 05/11/2008. 4. Since the complaint pertains to fabrication of document, custody of the applicants, one of which is a lady, in my view, is not necessary. Applicants, therefore, are entitled to be released on bail subject to certain conditions being imposed upon them. 5. Applicants be released on bail in the sum of Rs. 10,000/- each with one or two sureties in the like amount. They shall report to Khadak Police Station. Applicant Nos. 1 and 3 shall report to Khadak Police Station twice in a month. Applicant No.2 shall report to Khadak Police Station as and when called. Applicant No.2, if necessary, be called to Khadak Police Station only between 11.00 a.m. and 5.00 p.m. 3 6. Application is disposed of. (V.M. KANADE, J.)