1appln-2044-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2044 of 2010 Bansi s/o Karbhari Kavle and Anr .. Applicants. vs. State of Maharashtra .. Respondent. Mr N.B. Navade. for the Applicants. Mr P. S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicants arrested on 5th January, 2010 in connection with C.R. No.300/2010 registered by Karmala Police Station, District Sholapur for the offence punishable under Sections 406, 408, 409, 417, 420, 464, 477-A of I.P.Code. 2. The allegations against the applicants are that they have flouted terms and conditions of agreement entered into between them and the Management of Co-operative Sugar Factory Selgaon, Bhalawani, Tq. Karmala, District Sholapur. Allegedly, under the said agreement, the applicants have 2appln-2044-10 received and advance amount of Rs.2.50 lakhs each. However, they did not turn up to observe terms of contract i.e. doing work of cutting sugarcane and transporting it from the agricultural fields to the Sugar Factory by using their own mode of transport by way of bullock carts. 3. The complaint is lodged by Managing Director of the Sugar Factory on 18.11.2009 alleging the offence of cheating and criminal breach of trust practiced by the Agriculture Officer one Suhas Annasaheb Dale. It is further alleged against the said Mr Suhas Dale that he is instrumental in giving the total contract for cutting sugar cane and transporting the same through different labours and such contract amount is for more than Rs.65 lakhs and odd. In spite of such contract, the terms and conditions of such contract were not implemented and when in fact Suhas Dale was tried to be contacted, he was not available initially. As the present position stand today, said Dale has already been arrested and released on bail vide order of another Bench of this Court dated 5.4.2010. So far as present applicants are concerned, they are in custody since January, 2010 filed for alleged violation of the contract entered by them with the management of the co-operative sugar factory. Considering such specific circumstances, the allegations against the present applicants and considering their custody, they can be released on bail on certain conditions. In the result, the following order:- ORDER: (a) Bail Application No. 2044/2010 is allowed. (b) Applicant Nos 1 and 2. shall be released on bail on furnishing PR bonds of Rs.15,000/- each with one surety in the like amount each on the following conditions. 3appln-2044-10 (i) On availing the bail, the applicants shall attend concerned police station as and when called till conclusion of the trial. (ii) Applicants shall not threaten or influence the witnesses in the case. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of. (A.R.JOSHI,J)