1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3100 OF 2008 Guru Sureshbhai Thakkar .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi with Mr.Vineet Ranadive for the applicant. Mr.H.J.Dedia A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 4TH DECEMBER, 2008. DATED : 4TH DECEMBER, 2008. DATED : 4TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.294 of 2008 of Oshiwara police station, Mumbai. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 420, 406 r/w 34 of the IPC. 3. The applicant claims to be a Film Producer as well as Model Co-ordinator. He published an advertisement, sometime in May, 2008, inviting applications from those who were interested in acting in T.V. serials, films and in advertisements. In response to the advertisement, several persons 2 2 2 approached the applicant including the complainant and it appears that they paid certain amounts to the applicant. It is the prosecution case that about 37 persons approached the applicant and they paid different amounts as demanded by the applicant either in cash or by cheque. The applicant claims that he had issued receipts of all the amounts received by him. The total amount received by the applicant is running to about a crore. During pendency of this application, the applicant had expressed through his counsel, that he would pay the admitted amounts to the respective claimant and he did pay to 32 persons in the presence of the investigating officer. Learned A.P.P. confirms that the applicant has paid to about 32 persons and now they do not have any grievance against the applicant. Insofar as remaining 6-7 persons are concerned, according to the applicant, he never received any amount from them nor did he issued any receipt as claimed by them. However, Mr.Mundargi, learned senior counsel submitted that in order to show his bonafides, the applicant is prepare to furnish solvent security to secure the monies paid by 6-7 persons which is about Rs.26 Lacs. Having considered overall facts and circumstances of the case and the fact that till this date the applicant has co-operated with the investigation I am inclined to grant this application subject to certain conditions. Hence the 3 3 3 following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.1,00,000/- with one or two sureties to make up the said amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 7 and 8 pm for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. The applicant shall also furnish a solvent security in favour of the Commissioner of Police and to the satisfaction of concerned investigating officer to secure the amount of Rs.26 Lacs within a period of two weeks from today. It is open to the investigating officer to send disputed documents to the handwriting expert in the course of investigation. Mr.Mundargi submits that if the handwriting expert gives an opinion against the applicant, he is prepared to pay the amount to the remaining persons. His statement is accepted. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)