1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 903 of 2010 Dattatraya Shankar Dange & Anr ... Applicants versus The State of Maharashtra ... Respondent ... Mr.Dilip Bodke for the applicant. Mr.K.V Saste APP for the State. CORAM : D.G. KARNIK, J. DATED : 11th March 2010 P.C. 1. Heard. 2. By this application, applicants seek bail in connection with C.R.No. 10 of 2010 registered at Islampur police station, Sangli for an alleged offence punishable u/s.363, 365, 420 r/w section 34 of the IPC. 3. The prosecution case in short is that on the basis of an advertisement in a newspaper that supervisory jobs were available 2 in a money logistics company at Malaysia Mr. Ganesh More and four others approached the applicants. The applicants promised them jobs at Malaysia and demanded of Rs.80,000/­ for arranging for visa and other expenses. On receipt of the money, applicants arranged for the visa and sent Ganesh and others to Malaysia. Brother of Ganesh complained to the police that he had received the telephone call from Ganesh that the job offered at Malaysia was not as advertised but they were required to work virtually as a slave. Brother of Ganesh therefore lodged a FIR with the police. 4. Learned APP submits that the investigation has practically been completed. All the five persons who were sent to Malaysia have come back to India. While rejecting the application of the applicant for bail, learned Addl. Sessions Judge has held that prima facie offence of kidnapping was not prima facie made out. I am in agreement with the said view. Admittedly, Ganesh and 4 other persons went to Malaysia on their own. It is alleged that only on going to Malaysia they discovered the job specifications were not as promised. This does show that they had gone there voluntarily and there was no abduction/kidnapping. 5. As regards the allegation of cheating, may be that Ganesh and others went to Malaysia with a dream. That dream did not come true. Conditions of service they dreamt were different than the actual conditions of service. Whether the applicants have actually been cheating or not could only be decided at the trial and 3 it would be inappropriate to make any observations regarding that at this stage. 6. In the facts and circumstances the applicants can be granted bail. Hence, I pass the following order:­ O R D E R Applicants be released on bail on each of them executing P.R. Bond of Rs.15,000/­ with one solvent surety each for the like amount subject to the condition that applicants shall, within 48 hours of their release inform their present residential address, residential telephone number and mobile number to the concerned police station and intimate any change therein within 48 hours of the change and each of them shall report their presence at the concerned police station once a month in the first week of every British Calendar Month. (D.G. KARNIK,J.)