1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 759 OF 2009 Fayez Ahamed Barbhuiya ..... Applicant. V/s The State of Maharashtra ...... Respondent Mrs Pranali Kakade for the applicant. Mrs. M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. DATE : 24 th February, 2009 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 392 of the Indian Penal Code which is registered at Lashkar Police Station, Pune vide C.R. No. 58 of 2006. 3. Applicant is in custody since last three years. Applicant, if he is tried by the learned Magistrate, can be sentenced for a period of three years and if he is tried by the Sessions Court, the Sessions Court can sentence him to suffer rigorous imprisonment upto 10 years. Since no person was injured in the said incident and the only allegation against the applicant is that he had taken an amount of Rs 1000/- from the shop of the complainant, in my view, applicant deserves 2 to be released on bail since the trial may not commence in near future. 4. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.)