rpa 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. 115 OF 2008 (FOR BAIL) CRIMINAL APPLICATION NO. 115 OF 2008 (FOR BAIL) CRIMINAL APPLICATION NO. 115 OF 2008 (FOR BAIL) IN IN IN CRIMINAL APPEAL NO. 88 OF 2008 CRIMINAL APPEAL NO. 88 OF 2008 CRIMINAL APPEAL NO. 88 OF 2008 Mohamed Gufran Mohammed Yousuf .. Appellant V/s. The State of Maharashtra .. Respondent Mr.A.A.Siddiqui for the Appellant. Mrs. M.H.Mhatre - A.P.P. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 14TH FEBRUARY,2008. DATE : 14TH FEBRUARY,2008. DATE : 14TH FEBRUARY,2008. P.C.:- P.C.:- P.C.:- . Heard. 2. This is an application for grant of bail. The Applicant came to be prosecuted for commission of offence punishable under section 135 (1)(b) and Section 138 of the Indian Electricity Act. The Sessions Judge has recorded a findings that the Applicant has 2 committed theft of electricity worth Rs. 1,26,498.75. After conviction, the Applicant has been sentenced to fine of Rs.3,79,496.00 and in default of payment of fine the Applicant is to suffer simple imprisonment for three months. The learned counsel for the Applicant submits that the applicant’s financial position is very critical and he could not deposit the fine amount hence he is in jail from the date of the Judgment i.e. from 14th January, 2008. It is thus, clear that for a period of about one month, the Applicant is in jail insisting for depositing of the fine amount would amount to deny the bail when the sentence is only for payment of fine and only in default to suffer simple imprisonment for three months. Having regard to the totality of the facts and circumstances, I am of the clear view that the applicant need to be released on bail. I am informed that during the trial he was already released on bail and that he has not misused the same. In the result, the applicant be released on bail on the same terms and conditions on which he was released during the of trial, however on executing a fresh bond. Application disposed of accordingly. 3 (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)