1 CA-4102.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.4102 OF 2010 Shailendra Anandswarup Goyal .... Applicant Vs. The State of Maharashtra & Anr. .... Respondents Shri A.H.H. Ponda i/b M/s. Khaitan & Jaykar for the Applicant. Shri Y.M. Nakhawa, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 28, 2010 P.C: 1. The applicant seeks anticipatory bail in C.R. No.257 of 2010, registered at Swargate Police Station, Pune for the offences punishable under Sections 406, 471, 420 and 506 r/w Section 34 of the IPC. The allegations are that the applicant had cheated the informant into believing that properties at Jaipur would be sold to the informant by M/s. Maa Enterprises of Jaipur. The informant paid a sum of Rs.3.51 crores. The cheques for this amount were received by the present applicant who deposited them in the account of M/s. Maa 2 CA-4102.10 Enterprises. The transaction soured out and, therefore, the informant demanded the money back. M/s. Maa Enterprises paid back a sum of Rs.1.70 crores to the informant and the balance of Rs.1.81 crores remains to be paid. The informant therefore filed a report on 21-7-2010 on the basis of which offences, as stated above, were registered. In the report, the informant had mentioned that the applicant, one Paresh Ganesh Thakur, Sunil Gujar of Pune, Mamta Ramprakash Gupta and Ramprakash Gupta had cheated the informant. 2. One of the accused Paresh Ganesh Thakur filed an application for anticipatory bail being Criminal Application No.3935 of 2010. While deciding that application it was observed that the present applicant Shailendra Goyal was representing M/s. Maa Enterprises. The learned counsel for the applicant points out that the informant himself had forwarded his letter dated 6-4-2010, sent to Shri Suresh Kekani, Senior Inspector of Police, Crime Branch, Pune. This letter shows that the role of the applicant was that of a broker. There were in fact more serious grievances against the applicant in Criminal Application No.3935 of 2010 who is stated to be the son of an IAS 3 CA-4102.10 officer and who has been bailed out. About this letter, the learned APP could not throw any light in spite of presence of API Phulawne in the Court. Now since the applicant has nothing to do with M/s. Maa Enterprises and was merely a broker at Pune who had fixed up the deal and in fact the letter dated 6-4-2010 would show that after taking necessary details from the present applicant, the informant had found that there was something suspicious about the deal and therefore refund was claimed through the present applicant. The letter dated 6-4-2010 mentions the name of Paresh Ganesh Thakur and Sunil Gujar and the partners of M/s. Maa Enterprises, Mamta Ramprakash Gupta and Ramprakash Gupta as the persons against whom the informant had a grievance. In view of this, it is not clear as to why the applicant s detention would be necessary for the purpose of further investigation in the crime. Hence, in the event of his arrest the applicant be released on bail in C.R. No.257 of 2010, registered at Swargate Police Station, Pune on his furnishing P.R. Bond in the sum of Rs. 50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/- on the condition that the applicant shall make himself available for interrogation by a police officer 4 CA-4102.10 as and when required and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and he shall not leave the country without the prior permission of the trial Court. The applicant shall attend the police station concerned for a period of 15 days starting from 1-10-2010 in between 10:00 a.m. to 1:00 p.m. and thereafter, as and when called by the I.O.. The application accordingly stands disposed of. (R.C. CHAVAN, J.)