RAMESHWAR AYODHYA SAW Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the applicant and APP for the State.

(2.) This is an application for bail. The applicant was arrested in connection with an offence vide C. R. No. 95/2008 for the offence punishable under Section 489 (B) and (C) of the ipc. A complaint was filed against one Kailash sitaram Sharma and thereafter, investigation commenced. On 23rd March, 2008, the applicant - original accused No. 3 was arrested from Kolkata with one more co-accused. This was possibly as a result of voluntary disclosure made by the earlier arrested accused from Bombay.

(3.) It appears that there is ho material on record to indicate that this applicant had used the notes which were found with him and therefore, it does appear that there is no material to indicate that the provisions of Section 489 (B)are attracted. This being the position, the applicant is entitled to be released on bail subject to certain conditions being imposed on him. The applicant though he is a permanent resident of kolkata, it is submitted that the applicant has residence in Mumbai also. It is submitted that the applicant shall give his new residential address in Mumbai before he is released.