1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5091 OF 2009 Santosh Shantaram Harchande ... Applicant. v/s State of Maharashtra ... Respondent. Mr. Ganesh K. Gole for the applicant. Mr. S.A. Shaikh, APP for the State. CORAM: V. M. KANADE, J. DATE : 14TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant /has been arrested in connection with the offence punishable under sections 380, 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code which is registered with Koparkhairane Police Station vide C.R. No. I-09 of 2008. 3. The case of the complainant is that he was informed by the Manager that a cheque of Rs 6 lacs had come for clearance and that there were insufficient funds in the said account. According to the complainant, he asked him in whose name the cheque was issued and he was informed that it was issued in the name of Krishnkruti Partnership 2 Firm whose Proprietor was Deepak Shinde. According to the complainant, he had not issued the cheque of Rs 6 lakhs and he therefore gave stop payment instructions to the Bank. He later on came to know that one Deepak Shinde had deposited the cheque in his own name. It is the case of the prosecution that the present applicant had opened the account in fictitious name of Deepak Shinde and affixed his photograph on the application and was operating the account under false name of Deepak Shinde. 4. The learned APP appearing on behalf of the State was unable to point out statement of any of the witnesses who had identified the present applicant as Deepak Shinde or as a person who had opened the account in the name of Deepak Shinde. The learned APP was also unable to point out the statement of any Bank Officer who had opened the said account in the name of Deepak Shinde after he was properly introduced. This being the position, in my view, applicant deserves to be released on bail. Prima facie, there is no material on record to indicate that the applicant had opened an account in the said bank in the fictitious name of Deepak Shinde. In any case, since charge-sheet is now filed, further custodial interrogation of the applicant, in my view, is not necessary. 5. Applicant be released on bail in C.R. No.I-09/2008 registered with Koparkhairane Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall 3 report to the concerned Police Station once in a month. 6. Application is accordingly disposed of. (V.M. KANADE, J.)