jpc ba1116-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1116 OF 2011 Menaz Akbar Ali Tajwala ... Applicant Versus The State of Maharashtra ... Respondent Ms. Anjali Patil, for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 2nd August, 2011. P.C. : 1. Heard Ms. Anjali Patil, the learned advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. Investigating Officer is absent inspite of specific directions. However, after having gone through the bail application and the annexures thereto, I am not inclined to adjourn the matter merely because the Investigation Officer is absent. 3. In this case, three accused had already been arrested on 14th January, 2011 on the allegation of having committed the offences punishable under sections 419 and 420 of the Indian Penal Code and the offences punishable under section 66 of the Information Technology Act. The present applicant came to be arrested on 13th May, 2011. It appears that, the applicant came to be arrested on the basis that he was found in possession of the Mobile Telephone Instrument, in which jpc ba1116-11.sxw 2 allegedly, a duplicate SIM Card was put and instructions were given to the concerned Bank, purportedly on behalf of the first informant. 4. The SIM Card has not been recovered from this applicant. The use of the duplicate SIM Card was allegedly made, sometime in January, 2011. The applicant is alleged to have been found with the Mobile Telephone Instrument( in which the said SIM Card was used), sometime in May, 2011. The contention of the applicant is that he has subsequently purchased the said Mobile Telephone Instrument form open market. 5. The applicant is in custody since 13th May, 2011. The other three accused have already been released on bail. Considering all the relevant aspects of the matter, I am inclined to release the applicant also on bail. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 25,000/- (Rupees twenty five thousand only) with one surety in like amount, or two sureties in the sum of Rs.12,500/- each, on the condition that the applicant shall report to the concerned Police Station for investigation/interrogation, as and when required by the Investigating Officer. (A.M. THIPSAY, J.)