P. K. BHASIN, J, J.

( 1 ) IT is an old saying that "necessity is the mother of invention" and the same can be said to be applicable in these matters. Having failed to get an order of bail from two Courts the petitioner who is presently lodged in Tihar jail in connection with two criminal cases, has invented a novel way of seeking his release on bail by filing these two writ petitions under Article 226 of the constitution of India for a writ of habeas corpus instead of invoking Section 439 of the Code of Criminal Procedure.

( 2 ) FEW facts only need to be noticed by us for disposing of both the petitions which were heard together since common question of law is raised therein. The petitioner was arrested by the Crime Branch on 07-05-2006 in connection with a case under Sections 420/467/468/471/120-B IPC registered vide fir No. 162/06 dated 21-02-2006 at police station Dwarka. The investigation of that case was later on taken over by the Crime Branch. The complainant and the petitioner were at one time office bearers of a Housing Society in Dwarka. The complainant, inter-alia, alleged forging of his signatures on some documents of the Society by the petitioner and some other persons