1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3721 OF 2008 1.Shri Manoj Jain, 2.Shri Ajay @ Adalat Gandharv .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Priten P Killedar for the applicants. Mr.K.V.Saste, A.P.P., for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3rd DECEMBER, 2008. DATED : 3rd DECEMBER, 2008. DATED : 3rd DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in C.R.No.I-119 of 2008 of Uran police station, Dist.Raigad. The said crime has been registered against the applicants and seven others for having allegedly committed an offence punishable under sections 407 r/w 34 of IPC. 3. An FIR has been lodged on 26.8.2008 by one Anilkumar Varma, the owner of M/s.International Impax 2 2 2 Co.(for short "the company"). His company is in the business of exporting manganese material (for short "the goods" ) to various countries. They collect the goods from various parts of the country, transport them to Dronagiri at Nhava-Sheva and from their they export it to various countries. They hire different transporters, through the transport company of the applicant, namely, Chhattisgarh Golden Roadways for the said purpose. The applicants’ transport company act as agents between the other transport companies and the complainant’s company. It appears that during the period 6.3.2008 and 23.4.2008 one Bombay-Bilaspur Roadlines was hired by the company through the applicants- Chhatisgarh Golden Roadways for transporting the goods to Nhava-Sheva. Mr Killedar, learned counsel for the applicants, submitted that everytime the goods were received at Nhava-Sheva by one Shukla, the companies representative, who accepted the delivery after being satisfied about the weight of the goods. It appears that the goods transported and delivered at Nhava-Sheva by the said Bombay-Bilaspur Roadlines in three trucks were further sent to different countries in containers. After the said goods reached at different destinations, the complaints were received by e-mail from the consignees about short supply. In this backdrop, the complaint 3 3 3 came to be lodged against the applicants and seven others for misappropriation of the goods worth Rs.19 Lacs. 4. I have perused the FIR and the other material placed on record. By order dated 22.10.2008 the applicants were directed to report to the concerned police station. Accordingly, they did report to the concerned police station and seems to have co-operated with the investigation. It appears that Bombay-Bilaspur Roadlines has furnished names and addresses of the drivers and the cleaners working at the relevant time. The owners of Bombay-Bilaspur Roadlines have already been granted anticipatory bail by this court vide order dated 2.12.2008. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to grant relief of anticipatory bail. Hence the following order: . In the event of arrest, the applicants to be released on bail in the sum of Rs.50,000/- each with one or two sureties to make up the said amount subject to condition that the applicants shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of one month 4 4 4 from today and thereafter on every Saturday between 7 and 8 pm till filing of the charge sheet. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)