1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4422 OF 2009 Jagannath S/o.Mukundrao Darade, Age-60 years, Occu-Agriculturist and Service, R/o.Moha, Tq.Parali (V.), Dist. Beed APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Police Station, Majalgaon, RESPONDENT Mr.S.S.Thombre, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 14/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on regular bail in connection with CR No. 295/2006, registered in Mazalgaon Police Station for an offence punishable u/s.406, 420 r/w. 34 of IPC. 2. The applicant accused came to be arrested in connection with the present offence on 12/11/2009 and since then he is in custody. Even though the application was moved in the month of December 2 2009, for number of reasons, the hearing of this application was adjourned time to time. 3. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for State. It is not under dispute that even though it is an offence of the year 2006, and the applicant came to be arrested in the month of November 2009, now the investigation is already over and the charge sheet came to be filed on 27/12/2009. Means, now there are no chances at the hands of present applicant as apprehended by the learned APP that the applicant may interfere in the investigation. Then the only question require to be considered whether the offence for which the applicant is charge sheeted, whether punishable by death or by life imprisonment. The offences charged against the present applicant are u/s. 406, 420 r/w. 34 of IPC. The offences are triable by the Court of Magistrate and not punishable with life imprisonment or with death. In the premise, as the investigation is over and considering the huge pendancy of the criminal cases pending on the filed of J.M.F.C., no propriety in keeping the applicant behind bars. 4. In the premise, the application deserves following order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3 3. After released on bail, applicant accused not to leave the local jurisdiction without previous permission in writing from the concerned learned J.M.F.C. 4. Application stands disposed of in terms of above order. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4422-09