1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3596/2009 [ABDUL MOBIN ABDUL WAHAB VS. STATE OF MAHARASHTRA] ............................................................................................................. Office Notes, Office Memoranda of Coram,appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................. Mr. J.B. Kasat, Advocate, for the applicant Mr. Sonak, APP, for respondent. CORAM : P.D. KODE, J. DATE : DECEMBER 19, 2009. Heard. Prayer for bail made by the applicant/accused arrested by Gadge Nagar Police Station in connection with Crime No. 304/2009 for commission of offence under Sections 420, 468, 471 r/w 34 IPC is vehemently objected by the learned APP on the count of involvement of the applicant/accused being borne out from the material so far collected during the investigation, and the offences committed by the applicant being part of racket of providing fake surety by forging false solvency documents; in various courts in Maharashtra i.e. Nagpur, Amravati, Mumbai. The same is also objected on the count of the possibility of applicant continuing to indulge in similar activities in the event of himself being released on bail. 2 The learned counsel for the applicant has urged that the applicant is in custody since 23rd October, 2009 and the investigation of crime is completed. The learned counsel for the applicant has urged that even accepting the material in the charge sheet as it is, the same does not disclose the applicant having played any active part in preparing any forged document and the role allegedly played by him is restricted to gathering the persons for standing as surety on the basis of documents which were prepared by the other co-accused. The learned counsel has urged that the applicant/accused being not charged for commission of offence punishable with death or imprisonment for life, except the accused named in F.I.R, all other co-accused being released on bail and the role allegedly played by the applicant being on much lower pedestal than of the said co-accused released on bail, his prayer for bail be considered upon imposing strict conditions as would be deem fit and proper by the Court. The learned counsel has urged that the offence for which the applicant is charged are triable by the Court of Magistrate and denial of bail will only result in languishing the applicant in custody for number of years as it is unlikely that his case would come up for hearing within a short span. After giving thoughtful consideration to the submissions advanced by both the parties and the role played by the applicant as revealed from the material collected during the investigation, there appears substance 3 in relevant submissions canvassed by learned counsel for the applicant. Having regard to the same and the nature of the offence for which the applicant has been charge sheeted and the same being triable by the Court of Magistrate and the other co-accused having played more serious role than the applicant being released on bail, the prayer in application deserves consideration by imposing strict conditions for taking care of the apprehension expressed by the learned APP. The Applicant is directed to be released on bail upon furnishing P.R.Bond in the sum of Rs.50,000/- with one or more sureties to make up that amount subject to the conditions that applicant shall; (i) attend the Gadge Nagar Police Station, Amravati, every day for first 15 days and thereafter every alternate day for next 15 days and thereafter on every Monday between 11 a.m and 2 P.M untill further orders; (ii) reside at the address mentioned in the application and shall not change the same without the permission of the trial Court; (iii) not leave the Amravati City without the permission of the trial Court and shall not enter any court precincts except for attending the cases against him or the cases in which he is summoned; (iv) not to tamper with the prosecution evidence so far 4 collected and/or intimidate or threaten the prosecution witnesses in any manner; (v) not to commit any offence while being on bail granted by this order. Application stands disposed of. Hamdast allowed. JUDGE Rvjalit