1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4073 OF 2008 Vilas Shivpurta Chiklande, .. Applicant. Vs The State of Maharashtra, .. Respondent. Mr.V.V.Purwant, for the applicant. Mr.H.J.Dedhia, A.P.P., for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.394 of 2008 of Mohol police station, Solapur. The said crime has been registered against the applicant and eight others for having allegedly committed an offence punishable under sections 420, 467, 468, 120(B) r/w 34 of IPC and section 3 and 7 of Essential Commodities Act. Mr.Purvant, learned senior counsel for the applicant, at the outset invited my attention to C.R.No.81/2008 of Mohol police station, which came to 2 2 2 be registered after the raid, that was carried out at Dhaba near Mohol, Dist.Solapur during which four trucks containing rice were attached. Those four trucks of rice were going to Vashi instead of transporting the rice therein to Barshi. The said C.R. was registered against four accused persons for having allegedly committed an offence under sections 3 and 7 of the Essential Commodities Act. During investigation, Mr.Purvant submitted, it revealed that four accused involved in C.R.No.81/2008 were having forged and fabricated documents and that those documents were forged by another four accused and in view thereof another C.R. was registered bearing C.R.No.394/2008 against eight persons including the four accused in C.R.No.81/2008 for an offence punishable under the provisions of IPC and under the provisions of Essential Commodities Act, as aforementioned. Mr.Purvant, therefore, submitted that registration of C.R.No.394/2008 is illegal and cannot be sustained in law. He submitted that the police at the most could have added sections of IPC in the first C.R. i.e. 81/2008. Moreover, Mr.Purvant also pointed out that five accused in C.R.No.394/2008 have already been released on bail. Having considered the submissions of learned counsel and overall facts and circumstances of the case I am inclined to enlarge the 3 3 3 applicant on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.40,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 7.00 pm and 8.00 p.m. for a period of 90 days or till filing of the charge sheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)