1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2585 OF 2009 Shersingh S/o Babulalsing Chitodi Versus The State of Maharashtra and another. *** Mr. V. D. Sapkal, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** 1. Heard Mr. Sapkal for the Accused/ Applicant and learned A.P.P. Mrs. Khekale for the Respondent/ State extensively. 2. The prosecution, vide Crime No.67 of 2009, registered at Pachora Police Station for the offence under section 420, 468, 504, 506 of Indian Penal Code is the subject of criticism highlighting various instances to quote how the present accused applicant is a bonafide agent of his sponsor Eazy-ways Welfare Society, New Delhi and pre-arrest protection from such prosecution. 3. Charansingh Maharu Rathod approached concerned police to inform that the accused herein in the year 2006 collected Rs.620/- for which a receipt No.81 was signed by him, issued in the name of G- ways Marketing Ltd., Delhi. According to the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. complainant, the accused represented the complainant, to coordinate with twelve other persons as members, collecting from each one of them Rs.620/-, then the benefits accelerated by the company can be made available to each of such member which provides monthly allowance of Rs.1,000/- and insurance cover of Rs.1 Lakhs. The complainant alleged he believed in the representations made by the accused/ applicant and parted Rs.620/-. Seven to eight persons were also made to part Rs.620/- each in favour of the accused/ applicant who were also allegedly made member of the scheme. However, in the petition, the applicant states contrary as under: " Applicant say and submit that, in his regular business he had sold Ayurvedic Product to one Charansingh Maharu Rathod. Receipt was passed to him bearing No.81. Applicant say and submit that, receipt does not bear date because the date of such transaction was to be treated as date of logging. Copy of the said.... ...." 4. One of the contention was the Accused/ 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. applicant was not at all an authorised representative of the company for which a letter dated 13th April, 2009 was placed. However, by virtue of subsequent letter dated 20th April, 2009 the position of present accused/ applicant to be a person authorised to be consultant in the family of Eazy-ways and he was authorised to act on behalf of the company, is confirmed. It, therefore, follows that the effect of letter dated 13th April, 2009 is defused and by virtue of the letter dated 20th April, 2009 it is clarified that at the material time he was authorised to collect the amount on behalf of the company. 5. During the course of submissions, it is pointed that so far the Accused/ applicant has collected Rs.620/- from only ten persons, valid receipts are passed by him. Learned A.P.P. informs that the receipt passed by the Accused/ applicant are not the authorised receipts of the company and the accused/ applicant had no such authority. This has been rebutted by the learned counsel for the accused/ applicant. The fact remains, there is collection of Rs.620/- by the accused in the name and for G-Ways Marketing Ltd. for which 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. receipts are issued. 6. At this stage of the matter, the Accused/ Applicant herein being resident of village Balwantnagar, Pachora and the complainant and other depositors are also from the same village, it does not appear that there are chances of present accused applicant absconding or fleeing away from the prosecution. That apart, due care can be taken about securing interest of such depositors. Hence, order. 7. In the event of arrest of the accused/ applicant Shersingh S/o Babulalsingh Chitodi in Crime No. 67 of 2009 registered with Pachora Police Station, he be released on his furnishing P.R.Bond and surety in the sum of Rs.5,000/-. 8. The accused/ applicant to attend concerned police station on every Sunday between 10.00 a.m. to 05.00 p.m. for six months and will coordinate with the investigator. 9. The accused/ applicant shall deposit Rs.6,200/- with the investigator. The investigator may, by obtaining receipts from such ten depositors, disburse the sum of Rs.620/- individually to them. 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 10. The accused/ applicant shall coooperate with the investigator, to have interaction with the masters at New Delhi of Eazy-Ways or G-Ways Marketing Ltd., for such purposes, the Accused/ applicant will make himself available whenever so commanded by the investigator. 11. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:05/08/2009. ans/2585