1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 975 OF 2010 Sudhir Dhar & Ors. ... Applicants Versus The State of Maharashtra ... Respondent .... Shri Madhav Jamdar with Shri Abhijit Rane, for the applicant. Shri K.V. Saste, APP for the State. .... CORAM : D.G. KARNIK, J. DATED : 8th March 2010 P.C. 1. By this application the applicants pray for pre-arrest bail in connection with the C.R.No. 14 of 2009 registered at Baramati Police Station, Baramati for alleged offences punishable under sections- 417,418, 420, 465 and 408 read with section-34 of IPC. 2. The applicants are the officers of Medison Systems India Pvt.Ltd. a subsidiary of a Korean Company. The Company is engaged in the business of manufacture, supply and distribution of medical equipments including Ultrasound machines. 2 3. Dr. Sachin Chandanshive (the Complainant) purchased a Ultrasound machine from the company which according to him was defective and not as per the specifications. On his complaint, the Company agreed to replace the machine with a different model subject to payment of additional sum of Rs.4,00,000/-. The complainant promised to make the additional sum for the new machine. According to the complainant the alternate machine supplied was also not working properly and the company had committed breach of promise by supplying a model different than the one promised. He therefore filed a private complaint before the J.M.F.C., The J.M.Baramati, and J.M.F.C. The J.M.F.C. directed investigation under section 156(3)of Code of Criminal Procedure and the applicants are sought to be arrested. 4. There appears to be a civil dispute between the complainant and the company regarding the quality of the machine. Secondly the complaint is principally against the company and not its officers who are the applicants herein. 5. In the circumstances, in my view the applicants can be granted pre-arrest bail. Accordingly, the applicants are granted pre- arrest bail and in the event of their arrest in connection with C.R. No.14 of 2009 each of them shall be released on each of them executing P.R. 3 Bond of Rs.15,000/- with one surety of the like amount. 6. This order shall remain in force till the chargesheet is filed. Thereafter, the applicants may, if they so desire, apply to the regular court for bail. (D.G. KARNIK,J.)