* 1 * ABA.122.2011 20.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 122 OF 2011 Ashok Kashinath Kalbhor & Ors. ....Applicants V/S. State of Maharashtra & Ors. ....Respondents * * * * Mr. Ashok Mundargi, Senior Counsel i/by. Mr. Ganesh Gole, Advocate for the applicants. Mrs. G.P. Mulekar, APP for the State-respondent no.1. Mr. Mayur Kale, Advocate for respondent no.2. CORAM :- Smt. R.P. SondurBaldota, J. 20th July, 2011. P.C. :- 1. The applicants herein are the members of the Board of Directors and CEO of Yashwant Sahakari Sakhar Kharkhana Ltd, Chintamani Nagar, Theur, Taluka-Haveli, District-Pune. Respondent no.3-the complaint has filed a private complaint against the applicants in the court of Judicial Magistrate First Class, 7th Court, Pune. On 21st * 2 * ABA.122.2011 20.7.2011 January, 2011 the learned Judicial Magistrate First Class issued direction for investigation under Section 156(3) Criminal Procedure Code. Accordingly, the police have registered C.R. No. 32 of 2011 for the offences punishable under Sections 420, 409, 504, 506(2), 120-B read with 34 Indian Penal Code against the applicants. There are about 20,000 to 25,000 members of the sakhar karkhana out of which about 2671 members are supplying sugarcane to the factory for crushing. For the year 2009-10 the karkhana fixed contractual rate for purchase of sugarcane at Rs.2,150/- per ton by Resolution No.4 in the Board meeting dated 23rd November, 2009. The price fixed was based upon the price of the sugar at the relevant time in the market. It appears that thereafter there were fluctuations in the price of sugar. Consequently, the kharkhana was unable to pay the price of the sugarcane at the rate fixed to all the suppliers. The first lot of 713 members were given full payment towards the supply of sugarcane at the rate of Rs.2,150/- per ton. Thereafter, about 181 members were given part payment towards their demand. However, due to tremendous fall in the price of sugar, the kharkhana suffered huge deficit and could not make payment to rest of the members at the rate fixed. In the meantime, the Commissioner of Sugar fixed the price of the sugarcane at the rate of Rs.1,150/- per ton. The applicants claim * 3 * ABA.122.2011 20.7.2011 that the kharkhana has made every effort to pay the suppliers the fixed price. It has also taken loan from Maharashtra State Co-operative Bank Ltd. In any case, pursuant to the interim orders passed in the present application, undisputedly each supplier has received price for the sugarcane at the rate of Rs.1,150/- per ton. The dispute therefore is limited to the difference between the contractual price and the statutory price. The applicants state in the application that they are desirous of paying the difference in the contractual price and the statutory price also. However, the sakhar kharkhana does not have the money as on today and it would be paying the amount to each sugarcane supplier in due time. There is no dispute as regards the above facts. In that circumstance, it would be difficult to hold that there is an offence of cheating committed by the applicants. The facts also indicate that no custodial interrogation of the applicants is required. Mr. Mundargi, states that the application for bail for applicant no.27 was granted by this Court by its order dated 15th February, 2011. Therefore, no orders as regards applicant no.27 need be passed. 2. In the event of arrest of applicants no.1 to 26 in C.R. No. 32 of 2011 registered with Loni Kalbhor Police Station, Pune be released on bail in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) each * 4 * ABA.122.2011 20.7.2011 with one or more solvent sureties in the like amount. The applicants shall make themselves available for interrogation by the Investigation Officer as and when required. They 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 for disclosing such facts to the Court or to any police officer. The applicants shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]