1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3762 OF 2008 Gurumeshsingh Mohansing & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Shekhar A.Ingawale for the applicants. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 2ND DECEMBER, 2008. DATED : 2ND DECEMBER, 2008. DATED : 2ND DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.I-119 of 2008 of Uran police station, Dist.Raigad. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 407 r/w 34 of the IPC. 3. An FIR has been lodged on 26.8.2008 by one Anilkumar Varma, the owner of M/s.International Impax Co. (for short "the company"). His company is in the business of exporting manganese material (for short "the goods") to various countries. They collect the goods from various parts of the country, transport them to Dronagiri at Nhava-Sheva and from their they 2 2 2 export it to different countries. They hire different transporters for the said purpose. The applicants’ transport company, namely, Bombay-Bilaspur Roadlines is one of such transporters to whom they hired through Chhatisgarh Golden Roadways. The applicants’ transport company was engaged by the complainant for transporting the goods to Nhava-Seva for the period between 6th March, 2008 and 23rd April, 2008. During this period three truck loads of the goods were transported by the applicants to Nhava-Sheva. Mr.Ingawale, learned counsel for the applicants submitted that everytime the goods were received at Nhava Sheva by one Shukla, the complainant’s representative, who accepted the delivery after being satisfied about the weight of the goods. It appears that the goods transported by the applicants in three trucks were further sent to different countries in containers. After the goods reached different countries the complaints were received by e-mail from the consignees about short supply. In this backdrop, the complaint came to be lodged against the applicants for misappropriation of the goods worth Rs.19 Lacs. 4. I have perused the FIR and the other material placed on record. This court had directed the applicants to report to the concerned police station vide order dated 22.10.2008. Accordingly, they did report to the concerned police station and seems to 3 3 3 have co-operated with the investigation. It appears that during interrogation the applicants were asked to furnish names and addresses of the drivers and the cleaners working at the relevant time, which they have furnished to the police. Learned A.P.P. submits that so far the police could not trace the drivers and the cleaners, who were on duty at the relevant time. That, in my opinion, cannot be a ground for denying anticipatory bail to the present applicants. Looking to the nature of allegations against the applicants I am inclined to grant relief of anticipatory bail. Hence the following order: . In the event of arrest, the applicants to be released on bail in the sum of Rs.50,000/- each with one or two sureties to make up the said amount subject to condition that the applicants shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of one month from today and thereafter on every Saturday between 7 and 8 pm till filing of the charge sheet. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)