1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4259 OF 2009 1. Sunil S/o.Madhukar Gaikwad, Age-37 years, Occu-Contractor, R/o.Flat No.4, Sindhudurg Co-operative Housing Society, Shivaji Nagar, Thane (West), Taluka and District : Thane 2. Sharad S/o.Uttam Choudhari, Age-33 years, Occu-Business, R/o.Flat No.B/502, ‘Aravali’, Ghodbandar Road, Thane (West), Taluka and District : Thane APPLICANTS VERSUS 1. The State of Maharashtra, Through the Police Inspector, Nandurbar Taluka Police Station, Nandurbad, Taluka : Nandurbar, District : Nandurbar 2. The Superintendent of Police, Dist : Nandurbar RESPONDENTS Mr.Rajendra Deshmukh, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 08/01/2010 PER COURT : 1. By the present application, the applicants have prayed to 2 release them on anticipatory bail in the event of their arrest in connection with CR No.185/2009 registered in Nandurbar Taluka Police Station for an offence punishable u/s. 418, 420, 423 of IPC. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State. It is to be noted by my order dated 11/12/2000, already I have given interim protection to these applicants that in the event of their arrest, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount, which protection was extended from time to time. 3. Before perusal of the papers of investigation, it is necessary to consider the various transactions in which these applicants entered into the capacity as one of the partner of Dhanlakshmi Global Marketing. It appears that these two applicants alongwith one Chandrakant Pandurang Kale had entered into a Partnership Deed to do the business in real estate and name of the firm was Dhanlakshmi Global Marketing. It appears that the Deed of Partnership firm entered into somewhere on or about 01/10/2008. It further appears that thereafter by the Deed of Dissolution, this partnership firm was dissolved and accordingly resolution came to be passed between the partners of the firm vide resolution dated 24/12/2008 and the entire liability of the partnership firm was accepted by the said Chandrakant Pandurang Kale and the partnership firm converted into proprietory firm of this Chandrakant 3 Kale where these two applicants agreed to work as the employees. 4. Considering the complaint lodged by one Jivan Chavan against these two applicants and the said Suryakant and Chandrakant which was lodged in the Court of J.M.F.C.Nandurbar and on the basis of which RCC No.283/2009 came to be registered in which order of investigation came to be passed u/s. 156(3) of Cr.P.C. On the basis of this investigation commenced, CR No.185/2009 came to be registered against the 4 persons. It is to be noted that the statements recorded of the witnesses whose names appeared in the complaint or alongwith the complaint even though discloses that these 2 persons have withdrawn some of the funds from the account of Dhanlaxmi Global Marketing, but not in capacity as either the partner or the proprietor but in the capacity as an employer. 5. It is to be noted that even though, it was vehemently urged by learned APP appearing for State that there is prima facie case against these applicants, it appears that no assurance was given on the basis of which the investors have invested their money/cash/finance with the business of this Dhanlakshmi Global Marketing to attract the alleged offence at the hands of these applicants. Considering these facts, prima facie case is made out to enhance the discretion u/s. 438 of The Cr.P.C. In the premise, application deserves following order : 4 O R D E R 1. Application is allowed. 2. Interim protection granted vide order dated 15/12/2009 is hereby confirmed. This protection by way of anticipatory bail granted for the period of 12 weeks. Within meantime, the applicant may apply if they so desire in regular bail. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4259-09