1 BA : 1646/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1646 OF 2011 Imran Salim Nausariwala .... Applicant (Original Accused no.1) Vs. The State of Maharashtra .... Respondent Mr. M.S. Kadu for applicant. Mrs. A.A. Mane, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 2nd December, 2011 P.C. 1. The applicant was arrested on 16th May 2011 in C.R. No.118 of 2011 registered with Nagpada Police Station for the offences punishable under Section 381, 408 read with 34 Indian Penal Code. During the investigation, the police have recovered stolen property i.e. jewellery and the cash amount at the instance of the applicant. The charge-sheet has been filed in the month of July 2011. Learned Counsel for the applicant submits that no useful purpose would be served by keeping the applicant in custody. His wife, the co-accused has already been granted bail. 2 BA : 1646/2011 2. The applicant is alleged to have committed theft in the house of his employer and stolen cash amount of Rs.18.00 lacs. 3. The learned APP opposes the application submitting that the applicant is not a resident of Mumbai, therefore, there is every chance of him not being available for the trial. 4. The applicant is a resident of Surat and owns immovable property there. The learned counsel for the applicant states that the applicant has come to Mumbai for job opportunities and proposes to reside in Mumbai. In that case, in my opinion, he can be released on bail by subjecting him to conditions to ensure that he will be available for trial. Hence, the order : O R D E R (i) The applicant be released on bail in the sum of Rs.25,000/- (Rupees Twenty Five Thousands only) with one local solvent surety in the like amount. (ii) The applicant shall attend Nagpada Police Station once a week on every Monday between 10 am. to 12 noon till commencement of trial. (iii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the 3 BA : 1646/2011 case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave India without the previous permission of the Court. (Smt. R.P.SondurBaldota, J)