jpc aba-460 &461-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL PPLICATION NO. 460 OF 2011 Hemant M. Desai ... Applicant Versus The State of Maharashtra ... Respondent WITH ANTICIPATORY BAIL PPLICATION NO. 461 OF 2011 Satyan Arunkumar Jani ... Applicant Versus The State of Maharashtra ... Respondent Mr. Nitesh Bhutekar i/by Mr. Uday P. Warunjikar for the applicants Mrs. A. A. Mane, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 1st July, 2011. P.C. : 1. Heard Mr. Bhutekar, the learned advocate for the applicants and Mrs. Mane, the learned APP for the state. 2. These two applications can be conveniently disposed of by this common order as the applicants are the accused in the same case i.e. C.R. No.313 of 2010, registered at Pantnagar Police Station, Ghatkopar, which is in respect of the offences punishable under Sections 420, 406, 467, 468 and 471 read with Sections 34 of the Indian Penal Code. 3. The First Information Report has been lodged by one Dr. Arun Kothari. I have gone through the F.I.R. and the statements of various persons recorded during the investigation. I have also seen the documents collected in the jpc aba-460 &461-11.sxw 2 course of investigation. The allegation against the present applicants is that they represented to the first informant that counters/stalls would be available at Bangalore Airport and that such counters/stalls could be procured from M/s Pooja Builders and Developers for the sum of Rs.7,50,000/- per counter/stall. Based on this representation, the first informant is said to have parted with a sum of Rs.15,00,000/- which was deposited in the account of of said M/s Pooja Builders and Developers. The First Informant did not get any such counters/stalls. Thus, according to him, he was deceived by the applicants and the co-accused Mr. Sajid Sayyed of M/s Pooja Builders & Developers. 4. Admittedly, that account is held by the co-accused Mr. Sajid Sayyed, who was arrested and released on bail. 5. The case of the applicants is that they themselves have been deceived by the said Sajid Sayyed; and that they and their relatives have also invested the sum for procuring the counters/stalls at Airport. 6. The basis for claiming that the applicants are also involved in the alleged offence is that the applicant Satyan Jani (A.B.No. 461/2011) had received some amounts from the accounts of M/s Pooja Builders and Developers. While this appears to be true, the learned advocate for the applicants has explained that these amounts were received by the said applicant towards repayment of some money, previously advanced by him to said M/s Pooja Builders and Developers. 7. It is clear that said Sajid Sayyed is the main offender in the present case. The possibility of the applicants having believed his representation and jpc aba-460 &461-11.sxw 3 having suggested to others to invest the money in the scheme in question, cannot be ruled out. There is no material show to that the present applicants or any of them have actually made any gain by suggesting others to invest money with M/s Pooja Builders and Developers. 8. In any case, the applicants have attended the Police Station in the month of September, 2010 itself and their statements have been recorded. During the pendency of the present application also, they have attended the police station. 9. Considering all the relevant aspects of the matter, it does not appear to me that the custodial interrogation of any of the applicants is essential. There are no antecedents. In the circumstances, I am inclined to grant anticipatory bail to the applicants. 10. The applications are allowed. 11. In the event of their arrest, the applicants be released on bail in the sum of Rs.50,000/- (Rupees fifty thousand only) each, with one surety in like amount, on the condition to attend the concerned Police Station every day between 1 p.m. to 2 p.m. for a period of one week and thereafter, as and when required by the Investigating Officer. (A.M. THIPSAY, J.)