1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 298 OF 2010 Amit Dilip Sawant .. Applicant V/s The State of Maharashtra .. Respondent ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Amin Solkar for the applicants. Ms. M.R. Tidke, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 1ST FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seek bail in connection with C.R. No. 59 of 2009 registered at Shivaji Nagar Police Station, Ichalkaranji for an alleged offence punishable under the Information Technology Act (for short “I.T. Act”). 2 3. The allegation in the complaint is that the premises of the applicant were raided wherein it was found that the applicant had stored some obscene photographs and material on his computer. The computer was seized and the applicant was arrested and is charged with commission of an offence under section 67 of the I.T. Act. 4. Essential ingredients of section 67 of the I.T. Act is publication and transmission in the electronic form any material which is lascivious or appeals to the prurient interest. There is no material on record that any obscene material, which was stored in the applicant’s computer, was transmitted or published by him to anyone. In fact, the last paragraph of the F.I.R. states that the police officers were of the view that the material was stored by the applicant for publication and transmission, which itself indicates that there was no publication or 3 transmission till date. In any event, the computer of the applicant has been seized and no more evidence regarding possession of such material is required to be collected. The offence, which is first offence by the applicant, is punishable with a term which extends only upto 5 years. 5. In the circumstances, the applicant can be granted conditional bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.10,000/­ with one surety of the like amount subject to a condition that computer which is seized shall not be returned to the applicant till the completion of the trial. (D.G. KARNIK, J.)