1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 257 OF 2011 ( Suresh Prakash Dongre Vs. State of Mah. PSO PS Umarkhed Distt. Yawatmal) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. T. Harkare Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 3rd AUGUST, 2011. . Applicant who has been arrayed as the accused in Crime No. 60 of 2011 registered at Police Station Umarkhed for the offence punishable under Section 420 read with Section 34 of Indian Penal Code is seeking pre arrest bail. In the village women are motivated to form saving groups called as Bachatgat. One such bachatgat is functional in village Mahagaon and Savita Ganesh Wankhede/the complainant is the Chairman of this Bachatgat. It is alleged that the applicant approached her and induced her to invest the saving amounts collected from various village women in the account of Global Enterprises. He had supplied two account numbers being operated 2 in the ICICI Pusad and SBI Umarkhed. The applicant had promised that as against the saving amount deposited with the bank, company in turn could grant housing loan to the members of the Bachatgat. Reposing the trust in the applicant an amount of Rs. 6,27,300/- was deposited in two accounts from time to time. Rs. 1,14,000/- was paid in cash to the applicant. Thereafter, it was noticed that there is no company like Global Enterprises. In search of where-abouts of the company, some women attached to this Bachatgat had been to Hariyana but could not find the location of the said Company. Therefore, on 30.06.2011 F. I. R. was lodged narrating the details of the fraud practiced on them. Learned counsel for the applicant contended that at no point of time any amount was received by him from the complainant or from any of the members of Bachatgat and the amount deposited in the bank accounts he has no concern with. Reply filed by the learned APP is placed on record. Perused the case diary. At this stage there is no reason to disbelieve the case of the prosecution that the applicant approached the Chairman and Members of the Bachatgat and made them to deposit their saving amount in two bank accounts operated by Global Enterprises. The applicant was informed that the Company would offer housing loan to the members of the Bachatgat. 3 Ultimately, it was found that no such Company exists. Obviously, primafacie case under Section 420 is made out against the applicant. Custodial interrogation is imperative. This being not a fit case to exercise discretion under Section 438 of Criminal Procedure Code, application is rejected. JUDGE svk