1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4588 OF 2009 Shri Bharat Jayantilal Soni ...Applicant (Orig.Accused No.2) vs. The State of Maharashtra ...Respondent Mr.Niranjan Mundargi i/b. Mr.Shounak Mehta for the Applicant. Mr.Y.M. Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 16, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested for the offence punishable under Sections 420, 465, 467, 468, 471 read with 34 of the IPC registered vide C.R.No.184/2009 with Azad Maidan Police Station. 2 3 It is alleged that one Aparna Kerkar alias Aparna Pansare - original accused no.1 applied for a loan for buying a flat at Sai-Green Vatika Co-op. Housing Society, Dattani Park, Opp.Saidham Mandir, Kandivali (East), Mumbai, for an amount of Rs. 12,50,000/-. According to the prosecution, the said Aparna Kerkar had already sold the flat and without proper verification of the title, a report was given in favour of the original accused by one Mr.A.G. Pawar and Mr.Sunil Chobul and Associates. It is alleged that the present applicant was one of the co-accused and he had received an amount of Rs.3 lakhs out of Rs.12 lakhs which was paid by the bank to Aparna Kerkar. 4 Counsel for the applicant submits that the said original accused no.1 has been released on bail. He submits that the applicant shall deposit Rs.3 lakhs without prejudice to his rights and contentions within two weeks from today and the said amount shall be deposited in the Magistrate Court 3 till the pendency of the criminal case and thereafter, appropriate order may be passed. 5 Since the applicant is wiling to deposit the said amount without prejudice to his rights and contentions and since the original accused is released on bail, further detention of the applicant as under trial prisoner, in my view, is not necessary. Charge sheet is filed. Investigation is over. 6 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall deposit an amount of Rs.3 lakhs in the court of learned Magistrate. If the said amount is not deposited, the bail granted to the applicant shall stand cancelled and he shall be taken into custody. 7 The application is disposed of. (V.M. KANADE, J.)