1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4435 OF 2008 CRIMINAL APPLICATION NO.4435 OF 2008 CRIMINAL APPLICATION NO.4435 OF 2008 WITH WITH WITH CRIMINAL APPLICATION NO.4436 OF 2008 CRIMINAL APPLICATION NO.4436 OF 2008 CRIMINAL APPLICATION NO.4436 OF 2008 WITH WITH WITH CRIMINAL APPLICATION NO.4437 OF 2008 CRIMINAL APPLICATION NO.4437 OF 2008 CRIMINAL APPLICATION NO.4437 OF 2008 WITH WITH WITH CRIMINAL APPLICATION NO.4438 OF 2008 CRIMINAL APPLICATION NO.4438 OF 2008 CRIMINAL APPLICATION NO.4438 OF 2008 WITH WITH WITH CRIMINAL APPLICATION NO.418 OF 2009 CRIMINAL APPLICATION NO.418 OF 2009 CRIMINAL APPLICATION NO.418 OF 2009 Suresh Umesh Ghanate, .. Applicant Vs State of Maharashtra, .. Respondent. Mr A.P.Mundargi, Senior Counsel, i/b Mr S.V.Marwadi i/b Mr Sunita Sharma for the applicant. Mrs P.P.Shinde, APP, for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 24.04.2009. DATED : 24.04.2009. DATED : 24.04.2009. P.C.: 1. Heard Mr Mundargi, learned senior counsel for the applicant and Mrs Shinde, learned A.P.P for the State. 2. These five applications are filed by one and the same applicant. He is seeking anticipatory bail in five crimes registered at different police stations, namely, C.R.No.528/08 of Hadapsar Police Station, (Criminal Application No.4435 of 2008), C.R.No.153 of 2008 of Samarth Police station (Criminal Application No.4436/08), C.R No.292/08 of Nagadi 2 2 2 Police station (Criminal Application No.4437 of 2008), C.R.No.237 of 2008 of Nigadi Police station (Cri.Application No.4438 of 2008) and C.R.No.181 of 2008 of Baramati Police Station (Cri.Application No.418 of 2009). All the crimes have been registered against the applicant for having allegedly committed an offence punishable under sections 406,420 read with 34 of IPC. 3. The applicant in all these applications is a Director of M/s I-link Motors Pvt Ltd, having its head office at Vashi, Navi Mumbai. He floated two schemes in which a representation was made that if certain amounts are deposited with his firm, out of those amounts, cars would be purchased by obtaining loans and they would be given on hire and out of the hire charges, loan instalments would be paid and after the entire instalments were cleared, cars would be returned to the owners. About 1000 persons allegedly invested various sums of monies with the applicant. However, after the initial payments were made by the applicant/accused to those persons, who had invested that amount, no payments were made by the applicant. Cheques issued by the applicant were also dishonoured. In view thereof, various complaints were filed at 3 3 3 various police stations by the investors for the offence punishable under section 420 and other related offence under the IPC. The applicant was granted anticipatory bail in one of the cases filed against him. 4. There is no dispute that the police have sealed the office and frozen all the accounts in different Banks of the applicant’s firm. The police have also taken the entire record in their custody. The investigating officer has placed on record a chart giving details of investments made by different persons and amounts paid so far by the applicant. The applicant has disputed certain facts and figures placed on record by the prosecution. The applicant has filed an affidavit dated 15.4.2009 stating how much deposits he received from the investors and how much amounts he paid to the depositors till these complaints were filed against him. In short, he has stated that the total amount of deposits received by him is Rs.1,64,16,987/- and he has paid Rs.1,14,00000/- to various depositors and the amount, due, according to him, as of today is 50,16,987/-. The prosecution has disputed this figure and according to them, the amount is much more than the amount 4 4 4 stated in the affidavit. Be that as it may, the applicant has also stated in paragraphs 3 to 6 in the affidavit dated 15.4.2009 as to how much amount he is entitled to receive from the Central Excise Department, Excell Call centre, Pune, from the landlord of the office premises etc. He has stated that still he has to receive those amounts and that he is prepared to help the police to get all those payments and if those payments are received he has no objection for depositing them in the accounts frozen by the police and even to pay those amounts to the investors. The total amount, which he is entitled to receive, as stated in his affidavit, is 55 lacs. From the entire record produced before the Court, it appears that the transactions between the applicant and the investors were essentially in the nature of business, and that the applicant suffered huge loss in the said business. It also appears that all the transactions were made by cheques. The statement made by him on affidavit to that effect has not been disputed by the prosecution. Moreover, it is pertinent to note that in pursuance of the orders issued by this Court the applicant attended the concerned police station and seems to have cooperated with the investigation so far. Keeping that all in 5 5 5 view and considering overall facts and circumstances of the case, in my opinion, custodial interrogation in all these cases is not necessary. Hence, I pass the following order. . In the event of arrest of the applicant-Suresh Umakant Ghanate in C.R, No.528/08 of Hadapsar Police Station, C.R.No.153 of 2008 of Samarth Police Station, C.R No.292/08 of Nagadi Police station, C.R.No.237 of 2008 of Nigadi Police station and C.R.No.181 of 2008 of Baramati Police Station, he be released on bail in the sum of Rs.25,000/- in each of the CRs with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police stations once in a week and make himself available for interrogation/investigation atleast for an hour. He shall continue to report to the concerned police station for a period of 90 days from today or till filing of the chargesheet whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case 6 6 6 uninfluenced by the observations made in this order. . The applications are disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)