1 ABA 457.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 457 OF 2011 Mr. Mavjibhai Abhu Patel. ... Applicant. V/s. The State of Maharashtra (throug D.B. Marg Police Station). ... Respondent. Mr. A.P. Mundargi, Sr. Advocate i/b. M.I.Y. Solkar for the Applicant. Mr. H.H. Ponda i/b. Mr. Ashwin Thool for the Original Complainant. Mrs. R.V. Newton, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 21st JUNE 2011. P.C. :- Heard. 2. The Applicant is sought to be arrested in C.R. No.95 of 2011, which is in respect of offences punishable under Sections 409 of I.P.C. and 420 of I.P.C. 3. The case of the First Informant, in brief, is as under :- 4. The First Informant – Umesh Shah, is a diamond merchant. The Applicant is a broker, who had, in the past also, some transactions, with the First Informant. On 26th 2 ABA 457.11.sxw February 2011, the First Informant handed over diamonds worth about Rs.92,00,000/- to the Applicant for selling the same to some party. The Applicant executed Jhangad receipt showing receipt of the said diamonds, prepared and signed by the Applicant. The case of the First Informant is that thereafter, from time to time, the First Informant made inquiries with the Applicant regarding the diamonds but the Applicant either avoided contacts or gave false assurances. The Applicant left his place of residence and could not be contacted by the First Informant. The First Informant, therefore, believed that he had been deceived by the Applicant and lodged a report with the Police. 5. Though I have heard Mr. Mundargi, learned Advocate for the Applicant and Mr. Ponda, learned Advocate for the First Informant at length, it is not necessary to mention all the contentions that were advanced before me. What needs to be observed is that the Applicant claims, categorically, that he has not received the diamonds at all. The Applicant claims that the purported Jhangad receipt is not signed by him, at all. According to him, due to professional rivalry, the Applicant has been falsely implicated. 6. I have glanced through the papers of investigation. The stand of the Applicant that he had not received any diamonds at all, from the First Informant, cannot be accepted at this stage. Mr. Mundargi has drawn my attention to the date on the Jhangad receipt, which reads as ‘26.4.2011’ and contended that this is in-consistent with the case of the First 3 ABA 457.11.sxw Informant, that the Jhangad receipt was prepared on ‘26.2.2011’. After going through the relevant documents, the First Information Report and other statements recorded during the investigation, it is clear that the date 26.4.2011, is an obvious mistake. In fact, if the First Informant wanted to make a patently false allegation against the Applicant, by forging a document, he would be expected to create such forged document, consistent with his case. The FIR itself has been lodged in the month of March and therefore, obviously, it could not be based on a Jhangad receipt showing a future date. Not much importance to this, therefore, can be given. 7. On reading of the First Information Report and the statements recorded during the investigation, a case that certain diamonds were handed over to the Applicant, is made out. Since, the Applicant says that he has not received the diamonds, it would be necessary to carry out effective investigation, with attempts to recover the property in question. 8. In the facts and circumstances of the case, I am convinced that grant of anticipatory bail would affect the investigation, that is required to be carried out in the matter. I, therefore, hold that this is not a case where anticipatory bail can be granted to the Applicant. 9. The Application is, therefore, rejected. 4 ABA 457.11.sxw 10. On the oral prayer of Mr. Mundargi, who states that the Applicant would be surrendering before the Police on or before 24th June 2011, it is directed that the interim protection granted in favour of the Applicant, shall remain in force, till 24th June 2011, notwithstanding the dismissal of the Anticipatory Bail Application. (A.M. THIPSAY,J.)