High Court

Legal Reasoning

{1} 902.1-aba-926-2024 IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 926 OF 20241. Rajendra S/o Kapoor Chand Jain2. Chandan S/o Vijaykumar Shadija3. Vijaykumar S/o. Sadhuram Shadija4. Vijay Kumar Agarwal5. Smt. Prabhadevi Jain6. Arvind S/o Kantilal Jain ….Applicants VERSUSThe State Of Maharashtra…..Respondent WITHANTICIPATORY BAIL APPLICATION NO. 848 OF 20241. Vaibhav Navratan Daga2. Ashok Kumar Mahavir Prasad Chaurasia3. Mr. Rajesh Kumar Vishwakarma4. Sunita Santalal Choudhary5. Subodh Kumar Mahavir Prasad Chaurasia6. Shashank Subodh Chaurasia.....Applicants VERSUSThe State Of Maharashtra.....Respondents …..Mr. Sham Dewani, Advocate h/f. Mr. Yogesh Jadhav, Advocate forapplicants in ABA No. 926/2024 and 848/2024.Mr. D.J. Patil, APP for StateWITHANTICIPATORY BAIL APPLICATION NO. 422 OF 20241. Rajendra S/o Kapoor Chand Jain 2. Chandan S/o Vijaykumar Shadija 3. Vaijaykumar S/o Sadhuram Shadija 4. Jitendra Kumar Jain5. Sunil Kumar Jain6. Vijay Kumar Agarwal 7. Smt. Prabhadevi Jain8. Arvind S/o Kantilal JainBhagyawant Punde {2} 902.1-aba-926-2024[Application of Applicants No. 1 to 3, 6 to 8 is withdrawn vide order dated 13.03.2024].....ApplicantsVERSUSThe Superintendent Of Police And Another.....Respondents …..Mr. Shaikh Shadab Faheem, Advocate for Applicants in ABA No. 422/2024.Mr. D.J. Patil, APP for State ....... CORAM : NITIN B. SURYAWANSHI, J. DATE : 06th AUGUST, 2024ORDER :1.By these applications filed under section 438 ofCr.P.C. applicants are apprehending arrest in Crime No. 1774 of2023, registered with Tofkhana Police Station, Dist. Ahmednagar,for offence punishable under section 406 and 420 of Indian PenalCode.2.A private complaint is filed by Sunil Rakhmaji Shelkein which the Trial Court has passed order under section 156(3) ofCr.P.C., pursuant to which, FIR came to be registered at CrimeNo. 1774/2023 with Tofkhana Police Station. In short it is theallegation of informant that he is working as Manager in SteelWire Company namely M/s Jayshree Wires, MIDC, Ahmednagar,owned by Jayshree Aviraj Dongare. Her husband looks after thebusiness and affairs of the company. Their company purchasessteel wires and steel articles from Durga Steel Traders, Raipur,Bhagyawant Punde {3} 902.1-aba-926-2024Saikrupa Industries, Raipur, Krishnam Industries, Raipur,Vishwakarma Steel Udyog Pvt. Ltd, Raipur, Kiran Enterprises,Bhilai, Raipur and Avanta Engineering Pvt. Ltd., Bhilai, Raipur(for short “said companies”), through common agent/brokeraccused Raja Tiwari. Raja Tiwari represented informant’scompany that he is agent and broker of said companies andthese companies have authorized him to enter into transactionswith informant’s company and gained confidence of informant.Therefore, by reposing faith on Raja Tiwari informant’s companyhad also appointed him as broker for purchasing steel wires fromthe said companies. While making purchases, informant’scompany used to place order with Raja Tiwari and also used topay bill amounts to him, he used to pay bill amounts to theconcerned company. Sometimes, at the instance of Raja Tiwariinformant’s company used to deposit bill amounts with theconcerned company for purchasing steel wires. Informant’scompany paid huge amount of Rs. 9,90,000/- to accused RajaTiwari for purchasing steel wires from the said companies. RajaTiwari has not paid said amount to the concerned companies.Therefore, accused persons including applicants gainedconfidence of informant’s company and in collusion havedeceived informant’s company.Bhagyawant Punde {4} 902.1-aba-926-20243.Heard learned advocates for applicants and learnedAPP for State. Perused the investigation papers. 4.Record indicates that following crimes are registeredby said companies against Aviraj Dongare and JayshreeDongare.i)Vijay Kumar Agarwal (applicant in ABA No.926/2024) on 06.03.2023 lodged FIR at C.R. No.53/2023 against employers of informant namelyAviraj Dongare and Jayshree Dongare with KhursiparPolice Station, Dist. Durg, under section 406 and 409of IPC alleging criminal breach of trust to the extentof Rs. 22,67,487.ii)Arvind Jain (applicant in ABA No. 926/2024) on23.05.2023 lodged FIR at C.R. No. 101/2023 undersection 406 and 409 of IPC against Aviraj Dongareand Jayshree Dongare with Khursipar Police Station,Dist. Durg,, alleging criminal breach of trust to theextent of Rs. 47,19,463/-.iii)Vicky Jain (Shree Mahaveer Ispat) on 24.05.2023lodged FIR against Aviraj Dongare and JayshreeDongare which is registered at C.R. No. 102/2023with Khursipar Police Station, Dist. Durg undersection 406 and 409 of IPC, alleging criminal ofbreach of trust to the extent of Rs. 7,30,964/-.iv)Vaibhav Daga (applicant in ABA No. 848/2024) on24.05.2023 lodged FIR against Aviraj Dongare andJayshree Dongare with Khursipar Police Station, Dist.Bhagyawant Punde {5} 902.1-aba-926-2024Durg, which is registered at C.R. No. 103/2023 undersection 406 and 409 of IPC alleging criminal breachof trust to the extent of Rs. 56,58,289/-.v)Ashok Kumar Chaurasia (applicant in ABA No.848/2024) on 24.05.2023 lodged FIR against AvirajDongare and Jayshree Dongare with Khursipar PoliceStation, Dist. Durg, which is registered at C.R. No.104/2023 under section 406 and 409 of IPC allegingcriminal breach of trust to the extent of Rs.13,77,507/-. vi)Jitendra Jain (applicant in ABA No. 422/2024) on24.05.2023 lodged FIR against Aviraj Dongare andJayshree Dongare with Khursipar Police Station, Dist.Durg, which is registered at C.R. No. 105/2023 undersection 406 and 409 of IPC alleging criminal breachof trust to the extent of Rs. 6,37,413/-.vii) Shamsunder Agrawal (Sai Krupa Industries) on24.05.2023 lodged FIR against Aviraj Dongare andJayshree Dongare with Khursipar Police Station, Dist.Durg, which is registered at C.R. No. 106/2023 undersection 406 and 409 of IPC alleging criminal breachof trust to the extent of Rs. 5,88,450/-.5.There appears substance in the contention ofapplicants that present private complaint is filed with a view togive counter blast to the offences registered at the instance ofapplicants against Aviraj Dongare and Jayshree Dongare. In theFIR in question it is categorically alleged that informant’sBhagyawant Punde {6} 902.1-aba-926-2024company had entrusted amount of Rs. 9,90,000/- to Raja Tiwari,who has failed to pay it to the said companies. It is alsoadmitted in the FIR that Raja Tiwari was also acting asagent/broker of informant’s company. Prima facie, allegationsmade in the FIR pertain to civil dispute between informant’scompany and applicants’ companies.6.Applicants claim that while on interim bail some ofthe applicants have attended the police station and madeavailable record of transactions of their companies withinformant’s company to the investigating officer. Investigationpertains to the documents, which can be made available to theinvestigating officer by asking applicants to attend the concernedpolice station and co-operate in the investigation.7.Since dispute appears to be prima facie of a civilnature, applicants being reputed businessmen and having deeproots in the society, if arrested their image would be tarnished inthe society. Applicants are permanent residents of Bhilai, Dist.Durg and Raipur (Chattisgarh) and they are not likely to fleeaway from justice. Their presence can be secured to facilitateinvestigation by imposing suitable conditions. Hence, thefollowing order:Bhagyawant Punde {7} 902.1-aba-926-2024ORDERi)Anticipatory Bail Application Nos. 926/2024, 848/2024and 422/2024 are allowed.ii)In the event of arrest of applicants- Rajendra S/oKapoor Chand Jain, Chandan S/o Vijaykumar Shadija,Vijaykumar S/o. Sadhuram Shadija, Vijay KumarAgarwal, Smt. Prabhadevi Jain, Arvind S/o Kantilal Jain,Vaibhav Navratan Daga, Ashok Kumar Mahavir PrasadChaurasia, Mr. Rajesh Kumar Vishwakarma, SunitaSantalal Choudhary, Subodh Kumar Mahavir PrasadChaurasia, Shashank Subodh Chaurasia, JitendraKumar Jain and Sunil Kumar Jain in connection withCrime No. 1774 of 2023, registered with Tofkhana PoliceStation, Dist. Ahmednagar, for offence punishable undersection 406 and 420 of Indian Penal Code, they bereleased on executing Personal Bond of Rs. 50,000/-each with one surety in the like amount.iii)Applicants shall attend the concerned police station on26th, 27th and 28th August, 2024, between 10.00 am to2.00 pm and shall co-operate in the investigation.iv)Thereafter, till filing of charge sheet, applicants shallattend the concerned police station as and when calledby the investigating officer and shall co-operate in theinvestigation.v)Applicants shall not tamper the prosecution evidence. [NITIN B. SURYAWANSHI, J.]Bhagyawant Punde