1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3744 OF 2009 Prakash K. Mathur ...Applicant. v. Rohit Goel and Anr. ...Respondents. Mr.Ramesh A. Karale, adv. For the Applicant. Mr.Sandesh Patil,adv. For the Respondent No.1. Ms P.P.Shinde, APP for the R.No.2. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 Heard the learned counsel for the applicant and the respondents. 2 Respondent no.1 is the original accused no.1 in crime no. 465/09 under Section 420, 465, 467, 468, 471 r/w section 34 of the I.P.C. Father of the respondent no.1 is the accused no.2 in the said matter. Respondent no.1 was granted bail by the learned Magistrate by the order dated 18.7.2009. The main contentions of the applicant is that case under Sections 467, 468 is triable by the Court of Sessions and Magistrate does not have jurisdiction to try the cases. It is contended that the offences under Section 467 is punishable with life imprisonment and, 2 therefore, under Section 437 Magistrate can not grant bail. On perusal of the papers and the F.I.R., it appears that the case arose out of the civil disputes between the parties. First of all, each of the offences under Sections 420, 465, 467, 468 and 471 is triable by the Judicial Magistrate First Class and not by the Sessions Court. Secondly, even though the offence under Section 467 is punishable with imprisonment for life or imprisonment which may extend to 10 years, it is not punishable with life imprisonment or death nor it is triable by the Court of Sessions. This Court in Ambarish Rangshahi Patnigere v/s The State of Maharashtra 2010 All MR (Criminal) 2775 has clearly held that even though the offence under Section 409 and 467 are punishable with imprisonment for life or imprisonment for 10 years still the Magistrate has power to grant bail to the accused as both these offences are triable by the Magistrate. Same view has been taken by this Court (Coram:R.C.Chavan, J.) in the case of Mr. Ishan Vasant Deshmukh v/s. The State of Maharashtra decided on 18th October, 2010. In view of the legal position settled in above two judgments, it cannot be said that Magistrate has no power to entertain or grant bail in the matter. In view of the above circumstances, I see no reason to interfere in the order granting bail. 3 3 Therefore, application for cancellation of bail stands rejected. (J.H. BHATIA,J.)