1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5345 OF 2009 Vilesh @ Nana Damu More ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mr.Vivek V. Salunke for Applicant Mr.Y.M. Nakhwa -APP for State ---- CORAM: V.M. KANADE J. DATED: 17TH DECEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 380, 420, 467, 468, 471 of the Indian Penal Code registered with Kondwha Police Station vide C.R. No. 245 of 2009. 3. It is submitted that a complaint was filed by one Mahadev Babar, in which he has alleged that a cheque which he had signed and kept in his drawer was stolen and the said amount was deposited in the account of K.S. Mandera, with whom he had no business transaction. It is alleged that the present Applicant 2 and one other accused withdrew the said amount from the account of K.S. Mandera on the basis of a bearer cheque, which was signed by the said Mandera. 4. The learned Counsel for the Applicant submitted that in the original complaint, no allegation about forgery of cheque has been made against the Applicant and the only allegation is that he is one of the beneficiaries of the withdrawal of the amount. He submitted that the other accused was also beneficiary of the amount, who has been released on bail by the Sessions Court vide its order dated 1.12.2009. He, therefore, seeks bail on the ground of parity. He also submitted that the said K.S. Mandera in whose account the said cheque of the Complainant was deposited, also has been released on bail. 5. There is some substance in the submission made by the learned Counsel for the Applicant. The Applicant initially was remanded to the police custody from 30.10.2009 to 5.11.2009 and, thereafter, he has been transferred to the judicial custody. The role attributed to the Applicant is that he had withdrawn the amount from the account of K.S. Mandera. No complaint has been filed by the said K.S. Mandera against the present Applicant for withdrawal of the said amount. This being the position, the role which 3 has been attributed to the other Applicant - Accused No.4 who has been released on bail by the Sessions Court is the similar one which is attributed to the present Applicant. The Applicant, therefore, deserves to be released on bail on the ground of parity. 6. The Applicant be released on bail in C.R. No. 245 of 2009 registered with Kondwha Police Station on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 7. Application is disposed of. (V.M. KANADE- J.)