Judgment

SARKARIA, J.:- These two appeals by the State of Maharashtra are directed against a common judgment, dated April 19, 1973, of the High Court of Bombay, Nagpur Bench, Nagpur. Both will be disposed of by this judgment. They arise out of these facts:

2. Three persons, namely, Shankar, Sk. Bannu and Mohammad Nazir were tried for offences punishable under Sections 205, 419, 465, 467 and 471 of the Indian Penal Code, on the basis of a complaint made on August 12, 1968 by Shri R. K. Karandikar, Judicial Magistrate, First Class, Akola, under Sec. 476 read with Section 195 of the Code of Criminal Procedure. Sk. Bannu, accused 2 was, at the relevant time, serving as a Clerk to an Advocate at Akola. Mohammed Nazir, accused 3, is the son of Sk. Bannu. Accused 1, Shankar, was a milkman residing at Dabki Road, Akola.

3. On October 25, 1968, in respect of offences under Section 85 (1) (2) and (3) of the Bombay Prohibition Act. one Deolal Kishan was arrested. He was produced before Shri L. G. Deshpande, Judicial Magistrate (First Class), Akola, and was remanded to custody till November 2, 1968.

4. On November 1, 1968, an application was made before that Court for releasing Deolal Kishan. Alon