1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.986 OF 2010 1 Mr.Dinesh Kalujee Marwari ) 2 Mr. Purajee Hemajee Marawari ) 3 Mr. Dinesh Ratanlal Sharma ) 4 Mr.Mahesh Bikhajee Dabi ) 5 Mr.Natu Bhai Baluji Dabi )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. A. P. Mundargi Sr.Advocate with Hrishkikesh Mundargi for the applicants. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 13th April, 2010 PC 1 This is an application for grant of regular bail. The applicants who are employees of a company by name M/s. Adachi Paste are shown as accused including several other persons in C.R.No.30/2010 registered by Bhoiwada Police Station, Mumbai for alleged offences under Sections 427, 436 & 120-B read with 34 of IPC. 2 It is the case of the prosecution that the mill by name Goldmohur Mills was jointly owned by NTC and one group who wanted to develop the said mill. Prior to developing, the scrap lying in the mill was to be removed and contract for the same was given to the company M/s. Adachi Paste. The FIR indicates that several gas cutting material and gas equipment was brought into the premises by the workers of M/s. Adachi Paste. On 20.1.2010, there was a fire in the mill and FIR was lodged on 30.1.2010 by one PI Sangle. 2 The report of the fire brigade indicates that since there were several fires away from the main fire, the possibility that the mill can deliberately set on fire cannot be ruled out. In so far as M/s.Adachi Paste was concerned, partners moved for anticipatory bail and the main argument was as to why they would destroy the scrap for which they had paid Rs. 2.60 crores. On this footing, all the partners were granted anticipatory bail by the Sessions Court. The present applicants are merely employees of M/s. Adachi Paste and their case must necessarily stand on a similar footing. They have been arrested on 11.2.2010. It may be mentioned here that in the FIR it is clearly mentioned that the mill was set on fire to avoid the possibility of the mill being declared as heritage property. The present applicants would not be beneficiary of any such action on the part of the Government. The real beneficiary would be the owners. I find that no investigation has been carried out against the persons who had the motive in allegedly burning down of the mill. It is therefore, directed that pending their trial in connection with C.R.No.30/2010 registered by the Bhoiwada Police Station, the applicants will be released on bail in the sum of Rs. 10,000/- each with one surety each in the like amount subject to the condition that they will attend the Investigating officer once a week on every Monday till the charge-sheet is filed and thereafter once a fortnight on 1st and 3rd Mondays of every month till the disposal of the trial with further condition that they will remain present on all dates in the Court unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4