1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 729 OF 2008 Pritam Mohan Kargutkar .. Applicant versus State of Maharashtra .. Respondent ... Mr.M. Kocharekar for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 24th March 2008 P.C.: 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R. No. 517 of 2007 of Rabale police station for the alleged offence punishable u/s.406, 420, 467, 468, 471 r/w sec.34 of the IPC. 2 3. The facts in brief are that M/s.Yashika Enterprises, of which Dayanand Kargutkar appears to be the proprietor, floated a scheme for booking of cars and leasing them out. Sachin Appasaheb Ahirekar (hereinafter referred to as "complainant") booked two motor vehicles and paid money to the firm. Motor vehicles were never delivered and the money was misappropriated and thereby an offence of cheating was committed. 4. Learned counsel for the applicant submitted that applicant is not the proprietor of M/s.Yashika Enterprises but only a close relative of the owner Dayanand Kargutkar. The applicant has not committed any offence of cheating. The offence of cheating, if at all there be any, is committed by Dayanand Kargutkar and not by the applicant and therefore he is entitled to bail. The applicant has not explained his connection with Yashika Enterprises. He has admittedly signed several documents and receipts regarding the payment of money. In the circumstances, further investigation is necessary which is still not completed. Custodial Interrogation of the applicant appears necessary for the investigation. In the circumstances, applicant 3 is not entitled to pre-arrest bail at this stage. 5. The applicant had previously applied for bail before the Sessions Judge by an order dated 20th February 2008 the learned Sessions Judge has rejected it by recording cogent reasons. Learned Judge has observed that the applicant was one of the co-conspirators. I see no reason to take a different view at this stage pending investigation. In the circumstances, application is rejected. (D.G. KARNIK, J)