* 1 * ABA.289 & 290.2011 18.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 289 OF 2011 Abhimanyu Pathare ...... Applicant V/S. The State of Maharashtra ...... Respondent ALONGWITH CRIMINAL APPLICATION NO. 157 OF 2011 [FOR INTERVENTION] IN ANTICIPATORY BAIL APPLICATION NO. 289 OF 2011 Prakash Hindrao Mane .... Intervener/Orig. Complainant V/S. Abhimanyu Pathare .... Applicant AND State of Maharashtra & Others .... Respondents AND ANTICIPATORY BAIL APPLICATION NO. 290 OF 2011 Kapil Shah .... Applicant V/S. The State of Maharashtra ..... Respondent ALONGWITH CRIMINAL APPLICATION NO. 156 OF 2011 * 2 * ABA.289 & 290.2011 18.7.2011 [FOR INTERVENTION] IN ANTICIPATORY BAIL APPLICATION NO. 290 OF 2011 Prakash Hindrao Mane .... Intervener/Orig. Complainant V/S. Kapil Shah .... Applicant AND State of Maharashtra & Others .... Respondents * * * * Ms. Anjali Patil i/by. M/s. Law Juris, Advocate for applicant in ABA. 289/2011 and ABA. 290/2011. Mr. Rishi Bhuta and Mr. Mahesh Patil, Advocate for Intervener in Cri. Appln. No. 157/2011 and Cri.Appln. 156/2011. Mrs. G.P. Mulekar, APP for State in all the matters. CORAM :- Smt. R.P. SondurBaldota, J. 18th July, 2011. P.C. :- 1. The applications for Intervention are allowed. 2. Heard the counsel for applicant, the counsel for the intervenor and the learned APP. 3. These two applications for anticipatory bail are filed by the two accused in C.R. No.12 of 2011 of GB, CB, CID, EOW, Mumbai for the * 3 * ABA.289 & 290.2011 18.7.2011 offences punishable under Sections 406, 408, 409, 420, 465, 567, 468, 471 read with 120 Indian Penal Code. 4. Both the applicants were employees of S.R. Thorat Milk Products Private Limited, Rajapur Road, Sangamner as Area Sales Manager and Area Sales Manager (Institution Sale) respectively for the Bombay area. On 18th February, 2011 the Marketting Manager of the company lodged a complaint with the police alleging that in the year 2006 it was noticed by the company that an amount of Rs.83,37,824/- due to the company towards sale of the company products in Bombay area had not been received though there was substantial increase in the demand for the company’s products. Therefore, enquiry was made with the applicants who were responsible for the business of the company in Bombay area. Both promised that the amount would be credited to the company by 25th September, 2009. When no amount was credited, the officers of the company visited Mumbai for verifying the different activities of sale at Mumbai. They inspected the products supplied to Bombay office, the stock available in the office and the sale of the milk products and found large variations in the supply, the available stock and the sale. They found that the stock worth Rs.16,22,000/- was short and a bundle of bogus bills for the supply by the company in the year 2009 alongwith regular bills. The officers of the company then tried to contact different * 4 * ABA.289 & 290.2011 18.7.2011 purchasers of the products from the Bombay office only to learn that many of the purchasers were not in existence. The other purchasers had already paid for the goods received by them either by cheque or in cash to the applicants at Bombay office. When the accounts at Bombay office was checked, it was noticed that the applicants had misappropriated a sum of Rs.78,86,272/- received. 5. The officers also noticed that a sum of Rs.25,19645/- was due from a firm by name M/s. Manthan Products. The applicant in the second application had represented to the company that one Pradeep Jha is the proprietor of the firm when the firm actually belonged to him. This way, he allegedly cheated the company in the sum of Rs. 25,19,645/-. The next allegation against the applicants is that the payment received from one customer was accounted by them in the name of other customer. The payment received from Indian Naval Canteen Services was shown the company accounts as the payment from Wadhwan Foods, Chills Logistics and Manthan Products. The applicants had accordingly sent an e-mail to the head-office. The enquiries made with the Indian Naval Canteen Services showed that the amount had infact been paid by Indian Naval Canteen Services and not by Wadhwan Foods, Chills Logistics or Manthan Products. It has also been alleged that while the applicants were working with the * 5 * ABA.289 & 290.2011 18.7.2011 company they had prepared false challans and bills of the company and sold the company’s products in the market and misappropriated the payment received from sale of the products. 6. The applicants have filed several affidavits during the pendency of the proceedings trying to explain the amounts due, the amounts received and amounts spent by them. They claim that a substantial amount has been used by them to run the Bombay office and depot. The claims made form part of the defence of the applicants, which will have to be considered at the appropriate time. 7. Perusal of the complaint shows that there are serious allegations made against the applicants. The ingredients of the offences alleged are borne out by the complaint. Considering the nature of the allegations made, in my opinion, this is not a case fit for grant of anticipatory bail. Hence, the applications for anticipatory bail are dismissed. [SMT. R.P. SONDURBALDOTA, J]