IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.342 OF 2009 Sandeep Raghavji Gala ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.P. Kadam for Applicant Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 23RD JANUARY, 2009 P.C. 1. Mentioned not on Board. 2. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 3. The Applicant has been arrested for an offence punishable under sections 420,406 of the Indian Penal Code. The Applicant had applied for anticipatory bail vide criminal application no. 984 of 2006. The allegation against the present Applicant is that he had collected an amount of Rs.15,000/- (per person) from various persons on the pretext that he would deposit the said amount in the Gymkhana as life membership charges. It appears that though assurances were given by the Applicant, these persons were not made members of the said Gymkhana and, hence, complaint has been filed against the Applicant. 4. This Court has directed the Applicant to deposit the entire amount in this Court, which he had collected from all the 90 members. Accordingly, the amount was deposited in this Court and an interim protection was granted to the Applicant. Thereafter, by the order dated 18th August, 2006, interim order was continued and liberty was granted to the Applicant to apply for bail before the regular Court. Accordingly, the Applicant had applied for regular bail and the bail was granted by the Learned Magistrate by order dated 29.9.2006. In the meantime, the chargesheet was filed by the police to the Trial Court and the matter was committed to the Sessions Court and the plea of the Applicant has also been recorded. Thereafter, a fresh application had been filed for further investigation and an order was passed under section 173 (8) of the Criminal Procedure Code. The Applicant, thereafter, approached this Court by filing a fresh application being Criminal Application No.750/2008. By this order, this Court has declined to interfere with the notice, which was issued by the Learned Magistrate to the Applicant to remain present. This Court, however, directed the Learned Magistrate that if custody of the Applicant is required, three days' time be given to the Applicant to surrender or to prefer an appropriate proceedings challenging the order passed by the learned Magistrate. 5. The learned Counsel appearing on behalf of the Applicant submits that the P.I. (Crime) has informed that the offence under section 409 of the Indian Penal Code, which is a non-bailable offence has been added and the permission of the learned Magistrate, therefore, is not necessary and he would be arrested without seeking permission of the Court. 6. Under these circumstances, the Applicant approached this Hon'ble Court seeking an interim protection. In the present case, the chargesheet has already been filed. All the documents are in the custody of the police. The Applicant has already deposited an amount of Rs.13,50,000/-, which he had collected from the 90 members. At this stage, therefore, further custodial interrogation of the Applicant is not necessary. 7. The Applicant, therefore, in the event of his arrest in C.R. No.14 of 2005 registered at L.T.Marg Police Station for the offence punishable under section 409 or any other offence pertaining to the said C.R. No.14 of 2005, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. Initially, the Applicant shall give cash bail and within two weeks thereafter, shall furnish one or two sureties in the like amount. 8. Application is disposed of. V.M. KANADE J.