- 1 - 589aps rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.589 OF 2011 Shri Pratik Mahendra Gokal Gandhi .. Applicant vs State of Maharashtra .. Respondents (at instance of Andheri E) Police Stn) with CRIMINAL APPLICATION NO.397 OF 2011 in ANTICIPATORY BAIL APPLICATION NO.589/2011 Pratik Mahendra Gokal Gandhi .. Applicant vs State of Maharashtra .. Respondents and Mr.Hira C.Jain .. Applicant/ Intervener Mr.Prakash Naik for Applicant Ms.P.P.Shinde APP for State CORAM: J.H.BHATIA, J DATE: 26 th August 2011 P.C. 1. Criminal Application No.397 of 2011 and 589 of 2011 for intervention allowed. - 2 - 589aps 2. Heard learned counsel for the parties. 3. The Applicant seek anticipatory bail in Crime No.255 of 2011 registered with Andheri (E) Police Station under Sections 406,420 IPC. Perused the report lodged by Hira Chandmal Jain. 4. On hearing learned counsel for the parties and perusal of the police papers it is revealed that one Shree Sant Krupa Application Pvt.Ltd is the main distributor for Samsung company and SM Tele Direct Pvt.Ltd is the local distributor. The Applicant Pratik Mahendra GorakhGandhi was working as Sales Executive for 'Shree Sant Krupa Application Pvt.Ltd' and in that capacity he used to approach the local dealers for supply and sales of Samsung Mobile handsets. The Complainant Hira Jain runs the business in the name and style as Arihant Infocom and deals in Samsung Mobile handsets. According to him, for the month of May, 2011, the company had fixed target of sales by him at Rs.17 lacs. He told - 3 - 589aps the Applicant that due to recession in the market it was not possible to achieve their target and therefore he was unable to accept the supplies. However, the Applicant told him that the Complainant was getting 7% margin and if the Complainant would give some stock to him with margin of 6%, he would sell the said stock in market through different dealers and pay the money to him and thus the Complainant could reach the target as well as get profit of 1% as margin. Due to this assurance, the Complainant placed the order and received the stock on 20.5.2011. On the same day, the Applicant took away a large number of Mobile hand sets from the shop of the Complainant. Similarly on 28.5.2011 also the Applicant took away a huge number of Mobile hand sets from the shop of the complainant. He gave details of the hands sets which were taken away by the Applicant. The total number of mobile hand sets was 343 and value was Rs.11,00,631/-. The stock was taken away by the Applicant by making a false - 4 - 589aps representation and assurance which he never intended to fulfil. The Applicant allegedly disposed of the said stock but, never made the payment. 5. During investigation, it was revealed that the Applicant had duped in the similar way several other dealers including one Mustaq, who runs shop in the name of "Mobile Solutions" and one Paras Jayantilal Dharod, who runs business in the name of "Modern Tele Sales and Service." Huge stocks were taken away from them also for giving similar assurances. 6. According to the police, during investigation some hand sets have been recovered from different dealers and their statements reveal that the Applicant had supplied the hand sets to them and had received money. 7. Learned counsel for the Applicant on the earlier date made a grievance against the police - 5 - 589aps as well as against the Complainant and because of those allegations made against the police, ad interim anticipatory bail was granted by the order dated 11.7.2011. On perusal of that order it appears that ad interim protection was given merely because of allegations of harassment against police and the Complainant while the facts of the case against him were not brought to the notice of the Court. 8. Taking into consideration the nature of the offence and conduct of the Applicant, in my opinion it is not a fit case to grant anticipatory bail. 9. Therefore, Application stand rejected. Request to surrender within a week is refused. J.H.BHATIA, J - 6 - 589aps