1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3891 OF 2007 Chetan s/o Prakashchand Jain .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.P. Mundargi i/b A.M. Saraogi for the applicant. Mr. D.P. Adsule APP for the State. CORAM : D.G.KARNIK, J DATED : 7th January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicant has been arrested in connection with crime registered under C.R. No.171 of 2007 for alleged offences punishable under section 328, 363, 364A, 365 and 120B r/w sec.34 of the IPC. 3. The applicant is in custody since 12th 2 November 2007 out of which he was in police custody for about a week. Investigation into the crime is almost complete and according to the A.P.P the charge-sheet is likely to be filed within a week. 4. The applicant has previously made an application for bail before the Sessions Court. By an order dated 22nd November 2007, the application was rejected by the learned Sessions Judge observing that the applicant was not entitled to the bail "at that stage." Since then, investigation has been completed and therefore the ground of pendency of investigation which existed at that stage for rejection of the bail does not exist. 5. After the investigation it is revealed that no demand for ransom was made. Hence, prima facie offence under section 364A is not made out. The remaining offences are punishable with imprisonment for 10 years or less. 6. The applicant has a permanent place of residence at Mumbai. There is no allegation that the applicant is likely to run away in the event he is released on bail. No submission was also made by the prosecutor that the applicant is likely to threaten the prosecution witnesses in the event bail is 3 granted. 7. In the circumstances and taking into consideration the fact that the investigation is almost complete and charge-sheet is likely to be filed within a week and also taking into consideration the fact that the applicant is in custody for a period of nearly two months and has a permanent place of residence and there is no apprehension of his not being available for trial in the event he is released on bail, the applicant is entitled to bail subject to certain conditions 8. The applicant be released on bail on personal bond of Rs.1,00,000/- (Rupees One Lakh) with two sureties to make up the total amount of Rs.One lakh subject to the condition that the applicant shall not tamper with the prosecution witnesses and shall report to the concerned police station once a week on every Monday between 6.00 p.m. to 8.00 p.m. for a period of first three months and thereafter report the concerned police station once a month between 1st and 5th of every month. It is clarified that the trial court would be entitled to modify these conditions as and when necessary. 4 (D.G. KARNIK, J)