6crn2684-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2684 OF 2010 Shri Maruti Dashrath Mokal. .. Applicant. Vs. State of Maharashtra .. Respondent. .... Mr.Ganesh Gole, Advocate i/b. Rasmi Gagwani, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 17th JUNE, 2010 P.C. 1. Heard rival submissions at length on this application for anticipatory bail preferred by the applicant apprehending his arrest in C.R. No.36 of 2010 registered at Pen police station, District - Raigad for the offences punishable under Sections 406, 420 read with Section 34 of Indian Penal Code. 2. The FIR was lodged by one Ashok Mhatre on 3rd May, 2010 with Pen police station alleging certain imputations 6crn2684-10 2 against the present applicant and his other associates. Allegedly the complainant was visited at his house, on various occasions, by the accused and his associates and he was apprised regarding some plan floated by the company by name Pan Harbo Ltd.. He was convinced as to how by purchasing certain objects / products of the company he could get reward and commission if he can get more customers to the said company. Accordingly certain amounts were invested by the complainant for purchase of certain articles. Totally he invested about Rs.2,92,000/- and odd. Thereafter on the persuasion of the applicant and his associates, the complainant propagated the said scheme to his other known persons and also such persons have invested various amounts ranging from some thousand rupees upto 2-3 lakhs. Allegedly, according to the complainant total amount worth more than Rs.19 lakhs have been deposited with the company and that happened at the behest of the propagation done by the present applicant. 6crn2684-10 3 3. It appears that the present applicant is posing himself as one of the members who had also undertaken such plan and the money allegedly given by various customers has not gone in his account and all that money was required to be given in the name of the company and according to him the money must have been received by the company directly which has office at Mahim. 4. It appears that at page-13 a copy of some Form No.K under Rule 12(5) is annexed showing that the present applicant is having avocation as a sort of homeopath. However, nowhere there is any specific mention as to which degree the said applicant holds. 5. That apart, what is to be seen in the present matter is whether to give protection to the present applicant from anticipated arrest in the matter which involves, at least at this stage, certain amounts i.e. more than Rs.19 lakhs. It appears that the FIR in the present matter was filed on 3rd May, 2010 before the Pen police station and within three days the 6crn2684-10 4 applicant preferred anticipatory bail application. It was filed on 6th may, 2010. Thereafter it was decided by the 2nd Additional Sessions Judge, Raigad-Alibaug on 21st May, 2010. However, by separate order interim protection was granted to the applicant till 4th June, 2010. 6. Being armed with such interim protection, the applicant came before the Vacation Court, before another Bench, on 4th June, 2010 and the interim protection was continued and which is continued till today. 7. Considering the rival submissions and the allegations against the present applicant and considering that his other three associates are already arrested and released on bail, it would not be in the fitness of the situation that the present applicant can be protected by way of any anticipatory bail relief, as apparently there are prima facie allegations against him that he is the main person who has interaction with the complainant and he is definitely required to be answerable so far as the end use of the defaulted amount, which according 6crn2684-10 5 to the applicant, had been allegedly deposited in the account of the company. All the same, this matter requires custodial interrogation of the present applicant. Hence, present application is disposed of with following order :- :: O R D E R :: [i] Criminal Application No.2684 of 2010 for anticipatory bail stands rejected. All the interim protections granted in favour of the applicant shall stand vacated. (A.R.JOSHI,J.)