1 Cri-A-3040-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3040 OF 2010 The State of Maharashtra ... Applicant (Orig. complainant) Vs. Gaurav Vinod Bhai Patel & Ors. ... Respondents (Orig. accused 1 to 6) Mrs. G.P.Mulekar, APP, for the applicant - State. Mr.A.P.Mundargi, Senior Counsel a/w. Mr. Amit Naik, Mr. Hrishikesh Mundargi and Mr. Hirani i/b. Naik Paranjpe & Co.,Advocates for the respondents CORAM: J.H.BHATIA,J. DATE : 4th March, 2011. P.C. 1. Heard. 2. The application is filed by the State for cancellation of anticipatory bail granted to the respondents in Crime No.30/2010 under Sections 436, 427, 120B read with Section 34 of IPC registered at Bhoiwada Police Station, Mumbai. 3. To state in brief, Gold Mohar Mills, which was taken over by National Textile Corporation, became defunct in1007. The respondents, who are partners of M/s. Adachi Paste Company, had submitted a tender for dismantling 2 Cri-A-3040-10.sxw and purchasing machinery for Rs.2.9 crore. Out of that, amount of about Rs.2.6 crore was paid by the accused and they had also removed some machinery. On 20.1.2010 when the work of removal of machinery and scrap by the respondents and their workers was in progress, block No.2 of the building caught fire wherein some machinery and flooring was damaged. Police and Fire Brigade reached the spot immediately and fire was extinguished. A plastic Can containing kerosene was also found. Presence of kerosene was found by C.A. On the report of the Fire Brigade, offence was registered on 29.1.2010. Initially some of the workers of the Mill were arrested as accused. During investigation, four of the workers disclosed that respondent No.4 - Ganpat Kalu Parmar had asked them to pour kerosene and set the mill on fire and accordingly they had done. Apprehending arrest, the respondents applied for anticipatory bail. The learned Sessions Court granted anticipatory bail to all the respondents. 4. The learned APP fairly concedes that she would not press the application in respect of respondent Nos. 1 to 3 and 5 and 6, but she has pressed the application only in respect of respondent No.4 - Ganpat Parmar, whose name was disclosed by the workers who were engaged by the respondents themselves for the purpose of dismantling the machines. Those workers were arrested by the police and during interrogation of those four workers, it was revealed that 3 Cri-A-3040-10.sxw respondent No.4 Ganpat was behind the fire. What was the motive behind setting the Mill on fire needs to be investigated in the case. Taking into consideration this material, custodial interrogation of the respondent No.4 is necessary. The learned Sessions Court while granting anticipatory bail has not considered this aspect. 5. Learned Senior Counsel for the respondents contended that the order of anticipatory bail was sought to be cancelled by the State by filing application before the learned 5th Adhoc Addl. Sessions Judge, Seweree, Mumbai, who had granted the bail, but that application was rejected. The learned Senior Counsel contends that the order rejecting that application has not been challenged. It appears that the prosecution first approached the same Court which had granted anticipatory bail to recall the order, but the learned Addl. Sessions Judge was not inclined to recall his order granting bail. Therefore, the State has approached this Court. 6. Taking into consideration the facts and circumstances, I find that grant of anticipatory bail to respondent No.4 Ganpat was a serious error. Custodial interrogation of respondent No.4 person is necessary and it may disclose several aspects, including the cause and motive behind the fire. 4 Cri-A-3040-10.sxw 7. Therefore, the application is partly allowed. The anticipatory bail granted to respondent No.4 - Ganpat Parmar is hereby set aside. He shall surrender within one week before the Sessions Court and the police may take him into custody and follow the procedure under law. The application to the extent of respondent Nos. 1 to 3 and 5 and 6 stands rejected as not pressed. (J.H.BHATIA,J.)