BA-992-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.992 OF 2011 Mohd. Kalim Nizamuddin Khan ... Applicant V/s. The State of Maharashtra, Thru’ L.T. Marg Police Station, Mumbai. ... Respondent Mr. Ayaz Khan for the Applicant. Mrs. R.V. Newton, APP, for the Respondent-State. Mr. M.K. Kocharekar for the First Informant. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard Mr. Khan, the learned Advocate for the Applicant. I have also heard Mr. Kocharekar, the learned Advocate for the First Informant, who was permitted to make submissions and oppose the Bail Application. I have also heard Mr. J.J. Kulkarni, A.P.I., L.T. Marg Police Station, the Investigating Officer. 2. It is clear from the F.I.R., the statements recorded during investigation and the arguments advanced that the First Informant Kishanbihari BA-992-11.sxw 2 Dixit Satyanarayan Kagazi was mainly dealing with co-accused Rajendra and Hemang. The property allegedly misappropriated had been handed over by the First Informant, apparently, to the said Rajendra. The case of the Investigating Agency is that the Applicant and the other Accused had conspired to commit the alleged offences, and that they all have been aiding and abetting each other. Some property, which the Applicant had allegedly received from the co- accused, has been recovered, though not fully. However, that the Applicant had been given more property is only the statement of the co-accused. 3. It also appears that the Applicant himself surrendered before the Police on 18th May, 2011, on having learnt that he is wanted in this case. Since investigation is over and Charge-Sheet has been filed, and since the case of the First Informant is not that he had entrusted the property to the present Applicant, I am inclined to release the Applicant on bail, subject to certain conditions. 4. The Bail Application is allowed, subject to certain conditions. 5. The Applicant is ordered to be released on bail in the sum of Rs. 2,00,000/-, with one surety in like amount, or two sureties in the sum of Rs. 1,00,000/- each, on the condition that the Applicant shall report to the L.T. Marg Police Station, Mumbai, everyday, between 6:00 p.m. to 7:00 p.m., until further orders, unless exempted by the Investigating Officer on a particular day, or on certain dates. [A.M. THIPSAY, J.]