sat 1 appln 1456-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1456 OF 2011 IN CRIMINAL APPEAL NO. 1378 OF 2011 Vijay Kashinath Landge ...Applicant vs. The State of Maharashtra ...Respondent Ms.Pranali P. Kakade for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : M.L. TAHALIYANI, J. DECEMBER 5, , 2011 P.C. :- 1 Heard the learned Counsel for the applicant and the learned APP for the State. 2 Perused the judgment of the learned trial court. In the first place, it is pointed out by learned Counsel Ms.Pranali Kakade for the applicant that all the convicted accused including the applicant have been convicted for the offence punishable u/s. 419 of IPC and for other offences also. The maximum punishment provided for the offence punishable u/s. 419 of IPC is three years. sat 2 appln 1456-2011 The learned trial Judge has imposed punishment of seven years on all the convicts. It is, therefore, submitted that there was no application of mind during the course of delivering the judgment. Apart from this, what is pointed out is that the role of the applicant in the whole transaction was marginal. The applicant has been used by other accused who have played the major role and who have taken away the major portion of the alleged misappropriated amount. 3 I have gone through the judgment of the learned trial court. It has come on the record that the applicant was shown as one of the partners of one Royal Associates and his photographs were also given in the bank from where the loan was secured in the name of proposed flat purchasers. Cheques were issued in the name of Royal Associates. 4 It is submitted that the cheques were deposited in the account opened by accused no.2 Sameer Sonu Salian in Punjab and Maharashtra Co- operative Bank Limited. Sameer had already one account in the same branch and had opened another bank account by self introduction. The cheques issued in the name of Royal Associates for the proposed flat buyers were collected from the bank by the accused Sameer. From reading of the judgment, it appears that the possibility of the applicant being used by other accused cannot be ruled sat 3 appln 1456-2011 out. It is possible that the applicant might have received marginal share from the whole amount. The total amount misappropriated is about Rupees Eight Lakhs. 5 The applicant has remained in custody during the investigation and trial for about three months. He is permanent resident of Mumbai. He is married and has two children. As he is resident of Mumbai, he is not likely to run away. Considering the role of the applicant in whole episode and the evidence collected by the Investigating Officer, it is possible that the applicant may get some concession at the conclusion of trial. The applicant has no antecedents. In the circumstances, I am inclined to grant bail. Hence, I pass the following order :- I. The applicant be released on bail in the sum of Rs.15000/- with one solvent surety in the like amount or cash deposit of Rs.20000/- in lieu of surety. II. He shall attend Mira Road Police Station on first day of every month and maintain the diary of his attendance until further orders. III. He shall not leave territorial jurisdiction of Mumbai and Thane Municipal Corporation without prior intimation to Senior Inspector of sat 4 appln 1456-2011 Police, Mira Road Police Station. 6 Application stands disposed of. (M.L. TAHALIYANI, J)