1 Cri-A-3889-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3889 OF 2010 Abdul Karim Ladsab Telgi ) Age - 50 years, occupation - Business) residing at - At Post : Khanapur, ) Dist: Belgaum, State: Karnataka. ) (At present detained in Bangalore Central ) Prison, Bangalore as an under trial prisoner ).. Applicant (orig. accused No.1) Vs. 1) Central Bureau of Investigation ) (through Officer-in-charge, ) EOU, VI/CBI, New Delhi). ) 2) State of Maharashtra )..Respondents Mr. Vidyadhar Koshe,Advocate, for the applicant. Mr.Pradeep Gharat, Spl. P.P. for the respondent No.1 CBI. Smt. G.P.Mulekar, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No. CBI, SIJ 2003 E0005, EOU VI, New Delhi for the offences punishable under Sections 380, 411, 454, 120B of IPC read with Section 13(1)(d) of the Prevention of Corruption Act. 2 Cri-A-3889-10.sxw 2. Heard the learned Counsel for the applicant and the learned Special Public Prosecutor for CBI. 3. According to the prosecution, during the period from 1997 to 2000, Government stamps were stolen away from the Railway wagons. The offence in connection with that was registered in the year 2003. The present applicant - Abdul Karim Telgi is in jail since 2001 in different cases of fake stamps. On 8.1.2010, he was taken in custody in this case. It is pointed out that the offence of theft of the Government stamps from the railway wagons was committed by the staff of Railway Protection Force. According to prosecution, they had committed the offence in conspiracy with the present applicant and the present applicant had received the stolen stamp papers from them. In all nine persons were made the accused, including the present applicant. All the eight persons, who were employees of RPF, have been released on bail. Even if the present applicant was the conspirator and brain behind the same, he is actually receiver of the stolen property which is an offence under Section 411 of IPC punishable with imprisonment for three years or with fine, or with both. When all the other accused, who had actually committed offence inspite of being responsible for security of the said stamps in the wagons, I see no justification to refuse bail to the 3 Cri-A-3889-10.sxw present applicant. 4. The learned P.P. contended that the present applicant is involved in 48 other criminal cases about the fake stamps and in 34 cases he has been convicted and sentenced to imprisonment and fine and even if bail is granted, he is not likely to be released soon. It is immaterial whether he is to be released or not. The order which is proposed to be passed by this Court is not going to affect his release or detention in other matters. 5. Therefore, the applicant be released on his executing P.R. of Rs. 50,000/- with one or two solvent surety in the like amount, if he is not required in any other case, with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)