IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3043 OF 2008 Shekhar Rajaram Iyer ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri J.S. Kini i/b. Mr. Subhash Dubey for Applicant Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 20TH MARCH, 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 on 30th March, 2007 for the offence punishable under sections 170, 420, 468, 471 r/w. 34 of the Indian Penal Code. 3. It is alleged that the Applicant formed a fictitious company and cheated number of persons. The Applicant had filed an application for bail which came up before Shri V.C. Daga J. However, the said application was not pressed and the liberty was granted to file an application in the Sessions Court on the ground of parity. His application , however, was rejected by the Sessions Court. 4. The learned Counsel for the Applicant submits that the Applicant is in jail since last 2 years. 5. Initially a statement was made by the learned APP for the State that the trial in this case has begun and, therefore, this application was dismissed. However, later on, an application for restoration was filed and it was pointed out that though the trial has begun for last 1 and ½ years only one witness has been examined and that, there are 87 other witnesses which are yet to be examined. 6. The learned APP for the State seeks time to take instructions. He submits that the Investigating Officer is not present. He further submitted that the Applicant being the main brain in the said incident, he is not entitled to get bail. He submitted that other accused have been released on bail who are merely employees and, therefore, the Applicant is not entitled to get bail on the ground of parity. 7. In the present case the offence is not punishable with death or imprisonment for life. The Applicant is in jail since last 2 years. It is an admitted position that though the trial has begun, only the first witness is being examined for last 1 and ½ years. There are 87 other witnesses which are yet to be examined. The other accused have been granted bail by this Court and the Sessions Court. The trial obviously, therefore, will not be over within a short period of time and, therefore, continued detention of the Applicant, in my view, is not necessary, particularly when the Applicant is a permanent resident of Navi Mumbai and, as such, he is not likely to abscond. Since the application is pending for quite some time, the prayer for adjournment is rejected. 8. The Applicant is, therefore, be released on bail in a sum of Rs.25,000/- with one or two sureties in the like amount. He shall report to APMC Police Station, Vashi once in a month. 9. Application is disposed of. V.M. KANADE J.