1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5790 of 2009 Amol Gopichand Madankar ... Applicant versus The State of Maharashtra ... Respondent ... Dr.Pawan K. Pandey i/b Dr.Pawan K. Pandey & Associates for the applicant. Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 19th January 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with FIR No.203 of 2009 filed at Shivaji Park police station, Mumbai for an offence punishable u/s.379, 420, 465, 466, 467, 468, 469, 470, 471 and 511 of the IPC. 3. The prosecution case in short is that accused nos.4 and 5 were working in Suvidha Complete Family Shop at Dadar. The accused nos.4 and 5 committed a theft of an unused cheque book of the owner of the 2 shop and drew three cheques, one of Rs.23,00,000/-, another of Rs. 22,60,000/- and third of Rs.24,40,000/- which were encashed by depositing them in the account of accused no.1. On notice of the unauthorised debit of the amount of the cheques in the account, the owner of the shop lodged an FIR with the police station. After investigation, it was revealed that accused nos.4 and 5 had stolen the cheques and they were deposited in the bank account of accused no.1. It is alleged that applicant was a conduit to deposit of the cheques. 4. The applicant was arrested on 26th August 2009 and is in jail since then. Investigation has been completed and the charge-sheet has been filed. Accused nos.3 and 6 including accused nos.4 and 5 who have stolen the cheques have been granted bail by the Sessions Court. The role of the applicant if at all there be any, is not greater than the role played by accused nos.4 and 5. He is not even the beneficiary inasmuch as the cheques are deposited in the account of accused no.1. In the circumstances, on parity, applicant is entitled to bail. Hence, application is allowed. Applicant be released on bail on his executing P.R bond of Rs.20,000/- with one or two sureties for the aggregate amount of Rs.20,000/- subject to the condition that the applicant shall not tamper with the prosecution evidence. (D.G. KARNIK,J.) 3