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Judgment
The two accused in this case signed a bail bond with names which were not their own, and have been convicted u/s 465 of the Indian Penal Code of forgery by making a false document. We do not think the conviction can stand u/s 464 of the Indian Penal Code. A person makes a false document who dishonestly or fraudulently signs a document with the intention of causing it to be believed that the document was signed by a person by whom he knows it was not signed. Now in this case, the accused had before signing said to the Sub-Magistrate that their names were the names they after wards signed to the bail bond. There could, therefore, be no intention to cause the Sab-Magistrate to believe that the bail bond was signed by any person real or fictitious other than the accused.
We, therefore, set aside the conviction, acquit the accused of forgery u/s 465 of the Indian Penal Code and direct their immediate release.