1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4788 OF 2009 Mr.Manubhai Devji Vora ...Applicant vs. The State of Maharashtra ...Respondent Mr.Niwas Kamble i/b. Mr.Ashok M. Saraogi for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 4, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence which is registered vide C.R.No.86/2009 with Malbar Hill Police Station for the offence punishable under Sections 465, 467, 468, 2 471, 474, 420 read with 34 of the IPC. 3 It is alleged by the complainant that she red an advertisement in the newspaper in which it was stated that the finance would be available within twenty-four hours and she, accordingly, contacted the person on the mobile number which was given in the advertisement. She was told to contact one Vishal Kothari and handover the relevant documents, a blank cheque and a cash of Rs.3000/-. Accordingly, she handed over the blank cheque and the cash of Rs.3000/- and in return, she was given a cheque of Rs.2 lakhs. However, when she deposited this cheque, the said cheque was dishonoured and thereafter, the accused, according to the complainant, did not return Rs.3000/- which was paid by her and thus, the said complaint has been filed. 4 Counsel for the applicant submits that the person who received the said amount viz. One Shaila Kothari has been discharged by the police under 3 Section 169 of the Cr.P.C. It is further submitted that 90 days will be over tomorrow and so far, no chargesheet has been filed by the prosecution. The allegation of cheating is only for an amount of Rs. 3000/-. Therefore, it is submitted that this is a fit case for grant of bail. 5 Since 90 days are almost over and yet, no charge sheet has been filed, the other co-accused Shaila Kothari has been discharged by the police and it is not the case of the prosecution that the cheque has been signed by the present applicant, under these circumstances, therefore, the applicant deserves to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 7 The application is disposed of. Initially, 4 the applicant shall give cash bail and thereafter, within two weeks, he shall furnish bail as directed by this Court. (V.M. KANADE, J.)