1 Appln 3838-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3838 OF 2010 Aqdas Nazim Khot & ors ..Applicants V/s. The State of Maharashtra ..Respondent Mr.Rajendra Rathod, Advocate, for the Applicants Mrs.Geeta Mulyekar, APP, for the Respondent  State CORAM : R.C.CHAVAN, J. DATE : 1ST SEPTEMBER, 2010 P.C. . The Applicants have been arrested on 19 th July, 2010 for alleged commission of offence punishable under Sections 420, 464, 465, 467, 468, 471 read with 34 of the Indian Penal Code on the allegation that on 29 th March, 2010 they sold certain properties to Chandrakant, Nirmala and Dipesh. These properties include field Survey No.235, as well as 181 and 175, which are undisputedly owned by the Applicants. Field Survey No.235 2 Appln 3838-10 is stated to be forest land. It was alleged that while executing Agreement of Sale, they had annexed 7/12 extract showing that they were holders of field Survey No.235. The learned APP points out that even in respect of other two lands, there are in all nine owners where as 7/12 extracts which are produced at the time of execution of agreement show only four owners. The learned Counsel for the Applicants states that the other owners have no grievance and have also executed a Power of Attorney. The report is lodged by Talathi principally about Survey No.235. The learned Counsel for the Applicants points out even field Survey No.235 belonged to the Applicants and was shown as Govt. land only by virtue of mutation entry No.1968. He made available for my perusal a copy of mutation entry which shows that in view of provisions of the Maharashtra Private Forest Acquisition Act, 1975, the entry was taken. This itself would show that it was a private forest. In any 3 Appln 3838-10 case, given the nature of the allegation it not clear as to how the Applicants being in custody is necessary for trial or for fair investigation. 2. In view of this, Applicants be released on bail on P.R.Bond of Rs.50,000/- with one or more sureties in the like amount of Rs.50,000/-. (R.C.CHAVAN, J.)