1 Cri-A-4-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4 OF 2011 The State of Maharashtra ... Applicant/appellant (Orig. Respondent) Vs. Praveen Gyanchand Lodha ... Respondent (Orig. accused) Smt. P.P.Shinde, APP, for the applicant - State. Mr.Girish Kulkarni i/b. M.G.Shukla,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 24th February, 2011. P.C. 1. The State has filed this application for cancellation of anticipatory bail granted by the Adhoc Additional Sessions Judge at Sewree, Mumbai on 24.8.2010 in Crime No.89/2010 at Agripada Police Station. 2. According to the complainant - Vikas Jayantilal Solanki, the respondent, claiming to be the Director of Haristar Gems Pvt.Ltd. entered into an agreement to purchase diamonds for export and accordingly, on 3.12.2009, he collected 2549.87 carrot diamond worth Rs.2.48 crore. Later on, when attempts were made to contact him on mobile for payment of that amount, his mobiles were 2 Cri-A-4-11.sxw not reachable. His office was also found to be closed. It is contended that he had booked a parcel on 1.12.2009 for export of diamonds but on 3.12.2009 he had taken back the said parcel from the Clearing House Agent. He had committed the offence under Section 420 read with Sec.34 of IPC. 3. The learned Counsel for the respondent pointed out certain discrepancies in respect of the date of delivery of diamonds by the complainant to the respondent and the date of booking the parcel for export. According to him, the respondent had received the diamonds without any documentation and same were also returned to the complainant without any documentation. The learned APP also conceded that there is no document about delivery of the said diamonds by the complainant to the accused. In view of these circumstances, I do not see any valid reason to interfere in the order of anticipatory bail. However, it is necessary to protect the interest of the complainant. 4 Hence, the following order :- The order of anticipatory bail is confirmed with further condition that the respondent/accused shall furnish security to the tune of Rs.2.48 crore to the satisfaction of the trial Court within six weeks from this day. Security shall 3 Cri-A-4-11.sxw remain in force till end of the trial. Application stands disposed of accordingly. (J.H.BHATIA,J.)