1 APPLN 4338 OF 2010\.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4338 OF 2010. Yogesh Ramchandra Shinde and anr .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Rahul Kulkarni, for the Applicants. Mrs. S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th October, 2010 P.C. 1. This is an application for bail by two brothers who had been employed by Income Tax authorities, one on daily wages and the other on monthly wages. They are alleged to have forged 40 Pay orders according to Additional Public Prosecutor and 12 pay orders according to counsel for the applicant. Investigation is still going on. One Walavalkar is supposed to have siphoned of 89 lacs. In the course of Investigation, I. O. has recorded statement of one Sham Kate, who was working in Credit Co-operative Society. He states that one of the applicant Yogesh Shinde used to bring the refund orders which were credited in the name of concerned account holders. Half of the amount used to be paid to Yogesh 2 APPLN 4338 OF 2010\.sxw Shinde in cash and remaining to be deposited in the account of concerned account holder. Learned counsel for the applicant submitted that the fraud was in fact at the higher level of income tax authorities since such pay orders could not be prepared and signed without connivance of the Officers of Income Tax Department. All the same the applicants in order to show their bonafides, offered to deposit a sum of Rs.3,75,000/- towards 12 pay orders which the applicants are alleged to have forged. The applicants are in Magisterial Custody. Considering the nature of evidence collected,applicants being bailed out, is unlikely to prejudice a fair trial. 2. If the police find involvement of any of applicant in other such offence, they may deal with applicants in accordance with law. 3. As far as Crime no.I 378 of 2010, registered at Mahatma Phule Chowk Police Station, for the offences punishable under Sections 380, 467, 471, 420 read with section 34 of the Indian Penal Code is concerned, the applicants have shown readyness to deposit a sum of Rs.3,75,000/-. In view of this, the applicants be released on bail on their furnishing PR Bonds in the sum of Rs. 50,000/- by each of applicant with one or more solvent sureties in the aggregate sum of Rs.50,000/- by each of applicant on the condition that they shall deposit a sum of Rs.3,75,000/- within two 3 APPLN 4338 OF 2010\.sxw weeks before the learned Magistrate which the learned trial Magistrate shall invest in the nationalized bank to earn maximum interest and shall deal with the same at the end of the trial as per result of trial. The applicants shall also attend the concerned police station on every Saturday between 10.00 a.m., to 1.00 p.m., till the chargesheet is filed and thereafter on first Saturday of every month till the trial is over. 4. On applicants failure to deposit the aforesaid amount within two weeks, the bail granted to applicants be treated as cancelled. (R. C. CHAVAN, J.)