1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1815 OF 2010 Shaikh Habibulla Abdul Shakur )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Ganesh Gole for the applicant. Mr. Y. S. Shinde APP for the State. ---- Coram : R.S.MOHITE,J Date : 16th April, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.II-1906 of 2010 registered by the MSEDCL police station, Kalyan for alleged offences under Sections 135 & 138 of Indian Electricity Act 2003. The maximum punishment is of 3 years. The incident in question took place on 14.11.2009 when the MSEB officials entered the factory and found that the meter was tampered. It is an admitted position that the applicant has taken the factory on a leave and license basis on 14.1.2009. Before that, factory has been conducted for 11 months by a co-accused. The case of the prosecution is that the electricity worth Rs.56 lakhs have been stolen by the present accused. The present applicant and co-accused are not related to each other. The very fact that electricity has been stolen earlier by a co-accused indicates that before meter could have been tampered earlier. The applicant states that he is paying bills regularly as per meter reading. Co-accused has been released on bail. In this view of the matter, I am inclined to grant bail. It is therefore, directed that pending his trial in pursuance of 2 C.R.No.II-1906/2010 registered by MSEDCL police station, Kalyan, the applicant may be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on every 1st and 3rd Mondays till the disposal of the trial and subject to the further condition that he will not tamper with the witnesses and will attend all the dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3