... 1 ... IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5546 OF 2005 CRIMINAL APPLICATION NO.5546 OF 2005 CRIMINAL APPLICATION NO.5546 OF 2005 Phulchand Ramnath Yadav ...Applicant Vs. The State of Maharashtra ...Respondent Mr. A.P. Mundargi for the Applicant. Ms Rajeshree Gadhvi, A.P.P. for the Respondent. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : SEPTEMBER 12, 2005. DATE : SEPTEMBER 12, 2005. DATE : SEPTEMBER 12, 2005. P.C.: P.C.: P.C.: 1. Heard the learned Counsel appearing for the Applicant and the learned A.P.P. for the State. The offence registered against the Applicant and other co-accused is under sections 420, 464, 467, 468, 471 of the Indian Penal Code and sections 3, 7, 8 and 9 of the Essential Commodities Act, 1955. When the Application for Bail was made by the Applicant before the Sessions Court, the investigation was not completed. Now investigation has been completed and chargesheet has been filed on 09th September, 2005. 2. In normal course, as a result of filing of the chargesheet, the Applicant is required to approach the Sessions Court with fresh Application. However, the perusal of the chargesheet shows that there is no further material available in the chargesheet against the Applicant. The only role attributed to the Applicant is that he was a driver of the tanker which was allegedly containing the petroleum products. In ... 2 ... fact, the statement of the Applicant forms part of the chargesheet. 3. If there is no material available against the Applicant, save and except that he was driving the tanker at the relevant time, no purpose will be served by continuing the custody of the Applicant and therefore, he is entitled to be enlarged on bail. The Applicant is in custody from 10th June, 2005. 4. Hence, I pass the following order: : O R D E R : i) The Applicant shall be enlarged on bail in connection with C.R.No.II 03 of 2005 registered with C.R.No.II 03 of 2005 registered with C.R.No.II 03 of 2005 registered with Mahad M.I.D.C. Police Station, Mahad M.I.D.C. Police Station, Mahad M.I.D.C. Police Station, subject to furnishing a personal bond of Rs.10,000/- Rs.10,000/- Rs.10,000/- with one or two local sureties in the like amount. ii) The Bail is granted subject to condition that the Applicant will report to the concerned Investigating Officer on every first Sunday of every calendar month till the conclusion of the trial. iii) The Bail is granted subject to condition that the Applicant shall not, directly or indirectly, make any inducement or threat to any prosecution witnesses ... 3 ... and shall not in any manner tamper with the prosecution evidence. iv) The Applicant shall co-operate with the learned Trial Judge for expeditious disposal of the trial. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. v) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. vi) Application is disposed of in above terms. vii) The parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE