1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2250 OF 2010 Jigar Vijay Sanghvi, Age-32 years, Occu-Business, R/o.A-102, Swaroop, Opp.Bhakti Mandir, Hari Niwas, Thane (W) 400602 APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.2251 OF 2010 Kaushik Manharlal Vasani, Age-32 years, Occu-Business, R/o. 16, Rupshree Apartment, Dr.Moose Road, Talao Pali, Thane, APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.K.Hingorani h/f.Mr.V.G.Sakolkar, learned counsel for applicants in both applications. Mr.K.S.Patil, learned APP for State in both applications. Mr.Joydeep Chatterji, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 10/08/2010 PER COURT : 1. By both these applications, the applicants have prayed this 2 Court for their release on bail in connection with CR No.44/2010, registered in Yermala Police Station, of Dist. Osmanabad, in which both these applicants came to be arrested on 18/05/2010. 2. As both these applications are arises out of the same CR, these applications to be disposed of by way of common order. 3. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 4. Admittedly, the offence came to be registered on the complaint of one Bibhishan Khamkar, who intends to purchase Toyato Fortune car, which is not available in the Osmanabad district. During inquiry, he came to know about the availability of said Car at Thane and accordingly the nephew of the complainant approached the concerned dealer Aparna Motors at Thane. During inquiry with the persons running the said show room, it revealed that the car is not easily available, but can be made available from the quota of the ministers. When they approached the local MLA, they introduced these two applicants and 7 others, mainly Vaidya brothers and Tushar Shinde, who are dealing in the business of sale and purchase of the car. They assured that they will manage to get the car. For that purpose, quotation of Aparna Motors was filled up. Accordingly, after completing the loan formalities from the Bank of Maharashtra, two DD's worth Rs.18,40,000/- were handed over to Vaidya Brothers, which were in the name of Aparna Motors. It appears that within 3 meantime, Vaidya brothers alongwith others informed nephew of the complainant as one Toyato car was already booked by these peoples, but in the name of somebody else for which they have spent Rs. 5,40,000/- and they assured that it can be available to them but for that purpose the DD's to be given in the name of Car Mall. Accordingly the earlier DD's prepared in the name of Aparna Motors were cancelled and the fresh DD's in the name of Car Mall were prepared. During this meeting, at the time of handing over these DD's, these two applicants were present alongwith Vaidya Brothers and Tushar Shinde and 3-4 other persons, who assured that they will see that within short period, the complainant will get his Toyato Car. Unfortunately, after waiting for a long period, as the complainant has not received the car, again he approached the applicants, and again assurance was given that he will receive his car in short period. Inspite of waiting for long period, when the delivery of car was not received, again the complainant approached the Vaidya Brothers, at that time, cheque drawn on ICICI bank of worth Rs.22,50,000/-, signed by Sanket Vaidya was handed over to the nephew of the complainant. When the cheque was deposited in the Bank account, it was returned as dishonoured for want of sufficient funds. Hence the complaint was lodged against the applicants and others. 5. It appears that in connection with this CR, present applicants and others were arrested on 18/05/2010, and since then they are in custody. Initially, about 1 months back, when the application was moved, at that time, the application was adjourned on the ground 4 that still the investigation is in progress. Today when the application is came up after 85 days of arrest of applicants, only the formality to file the charge sheet is remain, and investigation is practically over. 6. During the course of submissions across the bar, it is argued that other than the presence of these 2 applicants on two occasions, where alongwith others, they have assured that the complainant will receive the delivery of the car, no active role is played by these applicants, either acceptance of DD, neither they are partners in the firm run by Vaidya Brothers and on these grounds, learned counsel for applicants has prayed for release of applicants, as for sufficient period, these applicants are in custody, and their further detention is not required. 7. Learned APP as well as learned counsel appearing for the original complainant vehemently opposed these applications, as according to them, involvement of these applicants in the offence is established on the basis of complaint lodged by Bibhishan Khamkar. 8. While considering the application for bail, few points require to be considered, whether detention of the applicants is necessary after the investigation is practically over, role played by these applicants in the said offence, as well as punishment provided for the alleged offence. 9. Considering the overall effect of the investigation till carried 5 out, the fact remains that these applicants are not the partners of the Car Mall nor anything has come on record to show that they have share in the transaction of sale and purchase of the car, for which assurance was given to the complainant. Now the investigation is practically over, and whether there is any involvement of these applicants in the said offence or not, it is a matter of trial and it can be decided after giving full opportunity to both the sides to lead evidence, and anything can not be presumed at this stage. Considering the period, the applicants have undergone since their arrest, now the case is made out to release them on bail. It is made clear that these observations are prima facie, and learned Lower Court not to influence with these observations. In the result, following is the order : O R D E R 1. Both the applications are allowed. 2. Applicants be released on bail on their furnishing local solvent surety in the sum of Rs.25,000/- each and on executing PR bonds in the like amount. 3. After released on bail, applicants to give attendance in Yermala Police Station, Dist.Osmanabad twice a month, i.e. on 18th and 25th day of each month, till final disposal of trial against them. 4. Both these applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2250-10