# IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3409 OF 2006 Shravansingh Premsingh Rathod .. Applicant Versus The State of Maharashtra .. Respondent Mr.H.H.Ponda for applicant Mr.R.Y.Mirza, A.P.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 20th September 2006 P.C. . The applicant is arrested on 3rd May 2006 in C.R.No.84 of 2006 registered with V.P.Road Police Station. The charges are of forgery. 2. It is not disputed that the investigation is complete and charge is filed. Mr.Ponda, learned Counsel appearing for applicant submits that the prosecution case is that the applicant was serving at their shop and was incharge of the bank transactions. It is alleged that the partners as also informant were keeping their passbooks as well as cheque books with the applicant. Some signed cheques were kept and it is revealed that the applicant has misused them and withdrawn an amount of Rs.24 lakhs from the bank accounts of informant and others. Thus the charge is misappropriation as also forgery. 3. He submits that the learned trial Judge was in error in rejecting the application. The entire judgement of the trial court proceeds on the basis that the application cannot be considered because of the fetters on the discretion which has to be exercised by the learned Magistrate. 4. To my mind, there is much substance in this submission because the learned Judge has referred to section 439(1) and was aware of the powers of the Court of Sessions to enlarge the applicant on bail. There was thus no occasion to observe that bail is not required to be granted as of right. That was not even the case of the applicant. However, all that was urged and in my opinion rightly, that the charge sheet is already filed after investigations being complete. May be the offence under section 467 is punishable with imprisonment for life but that does not mean that the applicant’s application is liable to be rejected straight away. That apart, I have perused the relevant statement of the informant/ complainant. While it is true that the applicant’s brother is also named as an accused and is not traceable, that again is no ground to straight away reject the application. The apprehension of the learned trial Judge that the applicant and his brother are residing outside the State could have also been taken care of by imposing appropriate conditions. 5. After all the materials are considered including the fact that the documents have been taken into custody, the charge sheet is filed and the applicant having no antecedents, this is a fit case for enlarging him on bail. Hence, following order. i) The applicant arrested in connection with C.R.No.84 of 2006 registered with V.P.Road Police Station shall be enlarged on bail in the sum of Rs.10,000/- with one or two local sureties in the like amount. ii) The bail is granted subject to condition that the applicant will remain present before the concerned investigating officer, V.P.Road police station once a fortnight till conclusion of the trial. iii) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating officer. iv) The bail is granted subject to condition that the applicant shall not directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. v) The applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. vi) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. vii) Application is disposed of in above terms. viii) Parties to act on an authenticated copy of this order. (S.C.DHARMADHIKARI, J)