jpc ba556-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 556 OF 2011 Shailendera Pratap Singh ... Applicant Versus The State of Maharashtra ... Respondent Mr.Ganesh Gole, for the applicant Mr. J. P. Kharge, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th July, 2011. P.C. : 1. Heard Mr. Gole, the learned advocate for the applicant and Mr. Kharge, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto. 3. Undoubtedly, there exists a strong prima facie case of serious offences against accused No.1-Mr. Uttam Singh. The contention of the present applicant, who is accused no.2, is, however, that he had no dealings with the first informant at all and he is not a party to the alleged offences. According to him, the accused no.1-Uttam Singh- made a representation to him, on the basis of which, the applicant allowed his account to be used as per the directions of the said Uttam jpc ba556-11.sxw 2 Singh. Mr. Gole points out that the applicant is alleged to have received cheques, issued by the first informant, amounting to Rs.20,36,764/- in his account; and also further points out that, out of the said amount, an amount of Rs.18 lakhs has been credited in the account of Uttamkumar Singh i.e. the accused no.1. According to Mr. Gole, as per the understanding between the applicant and co-accused, the remaining amount which is about Rs.2 lakhs, was to be retained by the applicant as his commission. Mr. Gole submits that the applicant is ready to hand over this amount to the Investigating Agency. 4. That, at this stage, it cannot be said that the applicant is not involved in the alleged offence. However, the fact remains that his role in the alleged offences is minor. Admittedly, he had no dealings with the first informant and had not been named in the First Information Report. It is only in the course of investigation, that it was revealed that his account had been used by the co-accused and this is how, the applicant came to be involved in the offence. The applicant is in custody since 18th October, 2010. 5. I am informed that there is one more case pending against the applicant, in which also the co-accused Uttam Singh is the main accused, and the applicant is involved because his account was used by the main accused to commit the alleged offences. jpc ba556-11.sxw 3 6. Considering all the relevant aspects, I am inclined to release the applicant on bail subject to certain conditions. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only )with one surety in like amount or two sureties in the sum of Rs. 25,000/- each, on the condition that the applicant shall deposit Rs.2,00,000/- with the Investigating Officer within a period of two weeks from the date of his release. (A.M. THIPSAY, J.)