1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 916 OF 2009 Mr. Kali Charan Das ..... Applicant. V/s State of Maharashtra ...... Respondent. Mr. K.H. Holambe Patil for the applicant. Mr. S.S. Pednekar for the State. CORAM : V.M. KANADE, J. DATE : 23rd March, 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant is a goldsmith by profession. A scheme was floated by one Manojkumar Shyamkishore Oja in which he represented that if certain amount is deposited with him, he would give very good returns after two years. It was represented that if an amount of Rs 13920/- is deposited with the said Oja by any person, he would get a sum of Rs 26,20,800/- and would become Franchisee of the firm of Mr. Manojkumar Oja. It was further represented that if any 2 person deposits an amount of Rs 3,54,650/- with the said Manojkumar Oja, he would be entitled to get Rs 10,15,56,000/- after two years and would be designated as Business Development Director of the said firm. Applicant deposited an amount of Rs 4 lacs in the said scheme and the receipt was also issued by the said Manojkumar Shyamkishore Oja to the applicant. A complaint was registered against the said Manojkumar Shyamkishore Oja and others for the offence punishablen under sections 420, 406 read with section 34 of the Indian Penal Code. 3. It is submitted that the applicant's name does not figure in the said FIR. It is submitted that the applicant himself had deposited an amount of Rs 4 lacs in the said scheme. It is submitted that the said Oja had separately entered into agreement with the applicant for the purpose of certain gold coins. These gold coins were given by Oja to various members as reward which was not the part of the scheme. It is alleged by certain persons that the said gold coins also were not of 22 carat gold, as promised. It is alleged that these gold coins are manufactured by the present applicant. Counsel for the applicant submitted that these two transactions are separate and distinct and, therefore, applicant cannot be arrested in this complaint where he himself has been cheated by the said Oja to the tune of Rs 4 lacs. 4. The leaned APP appearing on behalf of the State invited 3 my attention to the statements of three witnesses who have stated that the gold coins which were given by Oja were found to be fake or of lesser value than what was promised. 5. In my view, in the present case, no role has been attributed to the present applicant by the complainant. In the said scheme also there was no agreement between the parties for giving gold coins as a reward. That being the position, the complaint regarding gold coins which were defective gold coins is in respect of different and distinct transaction. Application, therefore, has no role to play in the present case. 6. Applicant, in the event of his arrest in connection with C.R. No.659 of 2008 for the offence punishable under sections 420 read with section 406 of the Indian Penal Code which is registered at Oshiwara Police Station, be released on bail in the sum of Rs 10,000/- with one or two sureties in the like amount. Applicant shall however report to the concerned Police Station twice in a month till filing of the charge- sheet. 7. Application for anticipatory bail is disposed of. (V.M. KANADE, J.)