1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 19/2010 [KAMRUDDIN HABIBBHAI GAZIYANI VS. STATE OF MAHARASHTRA] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.Subodh Dharmadhikari, Senior Counsel with Mr. Abhay Sambre, Advocate, for the applicant Mr. Fulzele, APP for Respondent-State .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 29, 2010. Heard submissions at Bar. 2. By this application, applicant prays for grant of bail in connection with Crime No. 104/2007, registered for offences punishable under Sections 420, 467, 468, 47`, 472 r/w Section 34 of the I.P.C and also r/w Section 3 & 7 of the Essential Commodities Act, reported at Mahagaon Police Station, Distt. Yavatmal. 3. Learned counsel for the applicant submitted that the investigation as against the present applicant is complete. He had also undergone police custody remand after he surrendered on 23rd November, 2009 and was remanded till 1st December, 2009. At present the applicant is under Magisterial Custody. Further, according to the learned counsel for the applicant, all co-accused, Government Officers as also retailers were granted benefit of bail in the same crime. 4. It is submitted that the applicant is a semi- wholeseller and he is aged about 61 years old, having 2 fixed address at Pusad, Tq. Pusad, Distt. Yavatmla, residing at House No. 95, Devi Ward (Khoja Colony) Pusad, Tq. Pusad, Distt. Yavatmal. An affidavit is also submitted in support of the application, stating therein that the applicant is having immovable properties and business with PAN Card and he is income tax payer, as also valid passport, in order to ensure his presence at trial. It is further submitted that the applicant is ready to cooperate with the investigation, if any, to be conducted. 5. Considering the nature of accusations, learned APP opposed grant of bail on the ground that the offences are of serious nature alleged against the applicant. 6. Be that as it may, considering the age of the applicant, as also the details furnished regarding his fixed residential address and other details such as PAN Card, Passport etc., his presence at trial can be ensured, subject to certain conditions imposed against him. Hence, the following order. 6. The applicant be released in connection with Crime No. 104/2007 registered under Sections 420, 467, 468, 471, 472 r/w Section 34 of the I.P.C and also r/w Section 3 & 7 of the Essential Commodities Act, provided that applicant shall execute P.R.Bond in the sum of Rs. 1,00,000/- with one or more solvent sureties in the equal amount, provided further that applicant shall surrender his passport before the Investigating Officer during pendency of the trial. The applicant shall not communicate with the witness or witnesses acquainted 3 with the facts of the case. The applicant shall not tamper with the prosecution evidence in any manner. The applicant shall inform his fixed address with phone/cell number, if any, to the Investigating Officer and shall attend the Investigating Officer as and when required until charge sheet is filed and thereafter shall attend the trial on each date of hearing. The applicant shall not commit any crime while on bail. Application allowed and stands disposed of. Hamdast allowed. JUDGE Rvjalit