1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.416 OF 2010 Mr. Ashok Ratanchand Jain. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. A.M.Sarogi for the Applicant. Mr.A.S.Gadkari, APP for the State. CORAM : R.S. MOHITE, J. DATE : 17th March, 2010 PC : 1 This is an application for grant of anticipatory bail. Alleged offence against the present applicant is of receiving stolen property punishable under Section 411 of the Indian Penal Code. Main accused in the case is one Lata Khera who is alleged to have cheated the complainant Amit Shah. Case of the complainant as made out in the F.I.R. is that he had taken certain diamonds to 2 the main accused Lata Khera for sale. Lata Khera gave him a receipt and kept diamonds with her with an assurance that she will get the diamonds valued and would make the payment in accordance with the valuation. It is his case that there after she did not return the diamonds to him. It is seen that in the F.I.R. there is a mention that the transaction took place through one Shailesh Shah. Though this transaction has taken place on 8.6.2009, the complainant has filed F.I.R. only after two months on 8.8.2009. Even after the delay of 2 months there is no mention of the role attributed to the present applicant either in the main transaction or receiving of the property which is the subject matter of criminal breach of the trust. Police have subsequently recorded a statement of Shailesh Shah on 30.8.2009 and supplementary statement of the complainant on 1.9.2009 wherein for the first time they state that the accused Lata had informed them some time in July,2008 that she had given the diamonds to the present applicant. There is also 3 reference of some cheque and to an offer of return of some other diamonds. Although this has happened in July,2009 surprisingly, there is no reference of any of these facts in the F.I.R. lodged on 8.8.2009. Main accused was arrested on 29.3.2009 and has been granted bail on 5.9.2009.There is no disclosure statement. Taking all these facts, prima facie, only belated material available are supplementary statements wherein the present applicant has been involved through the main accused person. Taking into account all these facts, I am inclined to grant anticipatory bail. It is therefore, directed that in the event of his arrest the present applicant shall be released on bail in the sum of Rs.50,000/- with one surety in the like amount and subject to further condition that he will report to Kandivali Police Station between 11.00a.m. and 3.00p.m. from 22.3.2010 to 26.3.2010 and will cooperate with the investigating officer. It is made clear that any observations made in this application are prima facie and will 4 not taken into account by the trial court at the time of trial. ( R.S. MOHITE, J.)