1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1253/2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Ajay warekar i/by V.V.Purwant, Advocate for the Applicant. Mrs A.S.Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, JJ. DATE :- 7TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application. 2. Present applicant-accused is involved along with other 13 accused persons for the offence, being investigated by the Economic Offence Wing, punishable under Sections 420, 406 of the Indian Penal Code. There are 198 investors who had invested in different schemes floated by the company of the present applicant as to purchase of certain articles of the company and getting benefits after a year or so. According to the prosecution, total defrauded amount is more than Rs. 15 crores. However, so far as the present investors are concerned it is 2 about 16 lakhs and some odd amount and the remaining amount is regarding other investors who have not come forward to lodge any complaint. Further investigation is still going on. Such averments are made in paragraph 11 of the affidavit filed by P.I. Of E.O.W.,Thane City. Though charge sheet in the present matter is already filed on 20.11.2009 further investigation is still continuing as reported by learned A.P.P. On this submission, it is argued on behalf of the applicant that on inspection of the case papers lodged before the concerned Judicial Magistrate, there are no such directions given by the concerned Court for further investigation. Needless to mention that without such specific directions of the concerned Court, further investigation can be taken over by the prosecution. However, what is material so far as present bail application is concerned, is continuing investigation as reported by the learned A.P.P.,and another material consideration is regarding involvement of huge amount, as allegedly cheating practiced by the present applicant by floating company. 3. Another argument advanced on behalf of the applicant as to release of the co-accused including his wife on bail cannot be considered as a circumstance in his favour, considering he being the main brain of the said transactions. In the result, there are no merits in the present application and same is disposed of with following order. ORDER: Criminal Application No.1253/2010 is hereby rejected. (A.R.JOSHI,J) 3