1 Cri-A-5849-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5849 OF 2010 Mr. Atamad Ahmed Abdul Momin ... Applicant Vs. The State of Maharashtra ... Respondent Mr.Prakash Naik Advocate, for the applicant. Mrs.G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers filed along with the charge-sheet. 2. As per the FIR lodged by one Vishnukumar Laxman Saket, on 28.8.2010 police approached him and asked him whether he had obtained 15 simcards having different numbers from Vodafone Mobile Company. He informed that he had not taken any such simcard. According to him, the accused had taken copy of his driving licence and photograph and on the basis of that he must have obtained so many simcards in his name. On the basis of that FIR, Crime No.176/2010 was registered by Pydhhonie Police Station for the offences 2 Cri-A-5849-10.sxw under Sections 465, 467, 468,471, 420 read wth Section 34 of IPC. 3. The learned Counsel for the applicant contends that on the basis of the similar FIR lodged by the same complainant Vishnukumar with L.T. Marg Police Station, similar offence was registered and the applicant was arrested in that case. After registration of this case, he was arrested in the present case. 4. According to the prosecution, the earlier case was registered on the basis that there were 7 or 8 simcards. The only case against the applicant is that he had cheated Vodafone Company and had obtained the simcards by misusing the photograph and the driving licence of the complainant. The investigation is completed and the charge sheet is also filed. Nothing else has been revealed. In the earlier case, he is already granted bail by the lower Court. In view of the nature of offence and the fact that the applicant is in jail for last four months, the applicant be released on his executing P.R. of Rs.20,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend Pydhonie Police Station on every Friday between 5 p.m to 7 p.m. till disposal of the case. (J.H.BHATIA,J.)