1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 914 OF 2010 Muhamadyasin Mustafa Khan . ... Applicant. Versus The State of Maharashtra ... Respondent. ... Shri Karan Bhosale, with Mr. Mukri i/b O.A. Siddiqui, for the applicant. Mr.S.A. Shaikh, APP for the State. CORAM : D.G. KARNIK, J. DATED : 10th March 2010 P.C. 1. Heard. 2. By this application the applicant seeks bail in connection with C.R. No.I-470 of 2009 dated 21.11.2009 registered at Naupada Police Station for an offence punishable under sections-406, 420 read with section-34 of IPC. 3. The prosecution case is that one Mr. Abdullah Khan was the owner/proprietor of business known as ‘786 Sense Sales and Service’. He promoted the scheme of investment whereby the investors were promised return of Rs.30,000/- on investment of Rs.6000/- after three 2 months. 4. One Mr. Hamid Salim Darvesh lodged a F.I.R. dated 21.11.2009 that he had invested money in the said scheme but has been deceived. The applicant who was working in the office of ‘786 Sense Sales and Service’ was arrested on 21.1.2010 and he is in custody since then. 5. On being asked, learned APP, on instructions from Mr. D.D. Kabre, Buckle No.548, states that Mr. Abdullah Khan was the owner of the business and the applicant was either his relative or an employee but not the owner of the business. The investigation does not reveal that the applicant was a beneficiary of the money which had been collected by the owner. Mere fact that applicant is a relative or an employee does not show his guilt. 6. The learned APP informs that subsequently sections-467, 465, 468 of the IPC have been added so far Mr.Abdullha Khan is concerned, but not qua the applicant. The applicant is not alleged to have committed a forgery. The maximum punishment provided for an offence permissible under sections-406 and 420 is upto 7 years which is not imprisonment for life time or upto 10 years. Taken into consideration this fact fact that, prima facie, the applicant is not a beneficiary of the cheating, in my view, the applicant can be granted 3 bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing P.R. Bond of Rs.20,000/- with two solvent sureties of the like amount subject to the following conditions: i) The applicant shall report his attendance to the concerned Police station once a month in the first week of British calender month. ii) Within 48 hours of his release, the applicant shall furnish his his residential address, residential and mobile telephone numbers to the Police station and inform any change therein within 48 hours of the change. iii) Breach of any of the conditions would result in cancellation of bail. (D.G. KARNIK,J.)