Cri. Apln. 3090/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3090/2009 Bhagwan @ Jivan Raoji Bhaskare ...Applicant. Versus The State of Maharashtra. ...Respondent. ........ Shri V.G. Sakolkar, Advocate for applicant. Shri K.M. Suryawanshi, A.P.P. for respondent. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.15/2008 registered at Degloor Police station, for offences punishable under Section 420, 409, 464, 468, 471, 418, 477(A) read with Section 34 of Indian Penal Code in which investigation is already over and charge sheet is filed on 28/06/2008 in the Court of Judicial Magistrate (First Class), Degloor District Nanded and case is numbered as R.C.C. No. 86/2008. Cri. Apln. 3090/2009 2 2. Heard learned counsel appearing for applicant followed by submissions of learned A.P.P. appearing for State. Also perused the papers of investigation. The present applicant came to be arrested in connection with this Crime on 19/07/2009 whereas complaint came to be lodged on 24/1/2008. 3. It is urged across Bar that since his arrest till today, the applicant is in custody. As the charge sheet is already filed after completion of investigation, no question arises about tampering of the prosecution witnesses. Apart from it, considering accusation against the applicant, the case rests on the documentary evidence which are already in the custody of the Investigating officer and relevant documents are produced along with charge sheet, when the charge sheet was filed before Judicial Magistrate (First Class), Degloor. 4. The learned A.P.P. opposed the application on the ground that still co- accused who is the brother of the present applicant is still absconding and for that purpose, detention of the present is necessary. 5. Considering this submission across Bar, one fact is clear that so far as offences for which the applicant / accused is charge sheeted, are punishable Cri. Apln. 3090/2009 3 with either the life imprisonment or death. Another aspect is clear that all the offences are triable by the Court of Magistrate. Considering the fact that the Courts of Magistrates are already over burdened with pendency of criminal cases and in near future trial against the applicant / accused is not likely to come up on board unless expressly expedited by the order of higher authority, as the charge sheet is filed, there are no chances or possibility of tampering of the witnesses of the prosecution and particularly when the fate of the prosecution rests on the documents rather than oral evidence. Case is made out to release the applicant / accused on bail. In the premise, the application requires following order. ORDER 1. Application is hereby allowed. 2. The applicant / accused be released on bail on his furnishing solvent surety in the sum of Rs. 25,000/- (Rs. Twenty five thousand) and on executing personal bond in the like sum in connection with Crime No.15/2008 registered at Degloor Cri. Apln. 3090/2009 4 police station, 3. After releasing on bail, the applicant shall not leave local jurisdiction of Degloor Police station without previous permission in writing of Investigating Officer concerned as well as learned Judicial Magistrate (First Class) in whose court the trial is pending against the applicant. 5. The application stands disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln3090.09