1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1401 OF 2007 Shehjad @ Tanveer Ur Rehman Khan .. Applicant Versus State of Maharashtra & Ors. .. Respondents Mr.O.R.Tiwari for applicant Mr.A.S.Shitole, A.P.P. for State CORAM : S.C.DHARMADHIKARI, J. DATE : 16th January 2008 P.C. . Applicant original accused No.1 stood trial for committing offence punishable under section 489 B read with 34 of I.P.C. However, 2 the ultimate conviction and punishment is for offence punishable under section 489 C of I.P.C. Applicant has been in jail from 9th April 2006. Sentence awarded is R.I. for three years. The applicant has been specifically acquitted of the offences punishable under section 489 B read with 34 I.P.C. The matter was adjourned from time to time to enable learned A.P.P. to take instructions. It was at his request that the matter be adjourned as the State is contemplating filing of an appeal against acquittal of the accused for offence under section 489 B of I.P.C. Learned A.P.P.on instructions states that the there is no proposal from the State to file an appeal. 2. The specific averment is made in the bail application that the conviction and sentence is for offences punishable under section 489 C of I.P.C. That offence is bailable. This fact is not disputed by the learned A.P.P. In such 3 circumstances, applicant original accused No.1 is released on bail in he sum of Rs.15,000/- with one or two sureties in the like amount. Applicant to report to D.C.P. C.I.D. Unit 11 once a month till the hearing and final disposal. Applicant to remain present when the appeal is being heard and disposed of. (S.C.Dharmadhikari, J)