1 APPLN 4777 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4777 OF 2010. Santosh Ramsaran Pandey .. Applicant -versus The State of Maharashtra .. Respondent. Mr A. P.Mundargi, Senior Counsel with Mr. Chaitanya Pendse, for the Applicant. Mrs. S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st October, 2010 P.C. 1. This is an application for anticipatory bail by employer running recruitment agency for employment in African countries. According to learned counsel for the applicant, applicant has not cheated anyone. The applicant had issued an advertisement on the basis of requisition by Murray and Roberts (Zimbabwe) Ltd, for several categories of workmen. Applications were received by e-mail and thereafter the respective applicants as per advertisement were charged a sum of Rs.1,10,000/-. Out of this amount, a sum of Rs.49,000/- was towards air ticket from Mumbai to Zimbabwe and US$ 1200 were provided to employers for being paid to Immigration Authority. 2. The work permits were issued by Zimbabwean 2 APPLN 4777 OF 2010.sxw authorities and on the basis of these work permits, workmen concerned travelled to Harare (Zimbabwe) whereupon on arrival they were granted necessary Visas by the authorities of Zimbabwe. Workmen in fact entered into an agreement with Murray and Roberts which specifically mentions that the work was in South Africa (S.A.). The employer seems to be sending candidates from Zimbabwe to South Africa due to entry restrictions in South Africa. Prima facie Murray and Roberts have been engaged in smuggling the workmen in South Africa through Zimbabwe. An offence came to be registered on a letter from the authorities in the Ministry of Indian Overseas Affairs (Aniwasi Bhartiya). In course of investigation, Investigating Officer has recorded the statement of workmen who had been so sent who have stated that they have been cheated by applicant. In these circumstances, the claim of the applicant for anticipatory bail cannot be granted. The application is rejected. (R. C. CHAVAN, J.)