Bombay High Court
Brijesh S/O. Maheshbhai Bhandari vs The State Of Maharashtra on 13 January, 2020
Author: R.G. Avachat
Bench: R.G. Avachat
A.B.A. No.1539/2019 & 1540/2019
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.1539 OF 2019
Vishal s/o Ketanbhai Motiwala ... APPLICANT
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
WITH
ANTICIPATORY BAIL APPLICATION NO.1540 OF 2019
Brijesh s/o Maheshbhai Bhandari ... APPLICANT
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
.....
Ms Anagha N. pedgaonkar, Advocate for applicants
Shri R.V. Dasalkar A.P.P. for respondents
.....
CORAM: R.G. AVACHAT, J.
DATED : 13th JANUARY, 2020.
ORDER
Both these applications for anticipatory bail are taken up together as they arise from one and the same crime i.e. Crime No.282/2019, registered at Sakri Police Station, Dist. Dhule, for the ofences punishable under Section 406, 408, 417, 420, 464, 465, 468, 471, 120(B) of the Indian Penal Code. ::: Uploaded on - 17/01/2020 ::: Downloaded on - 09/06/2020 07:29:29 :::
A.B.A. No.1539/2019 & 1540/2019 (( 2 ))
2. Heard learned counsel for the applicants and learned A.P.P. for the respondent/ State.
3. The learned Counsel for the applicants would submit that there are general allegations in the F.I.R. against the applicants. Co-accused Shailesh Gandhi has been attributed with misappropriation of funds. Applicants will co-operate with the investigation. Learned counsel, therefore, urged for grant of anticipatory bail.
4. The learned A.P.P. would, on the other hand, submit that it is a case of misappropriation of over Rs. 70,00,000/-. The custodial interrogation of the applicants is required. He, therefore, urged for rejection of the application.
5. F.I.R. has been lodged by one Nilkanth Ahirrao on 31.8.2019. The informant has been serving with "Cisty Dairy and Agro Products (India) Pvt. Ltd.", Dighave Tq. Sakri, Dist. Dhule. It is alleged in the F.I.R. that the Company has its main ofce in Thane. Company deals in milk and milk products. It has its branch at village Dighave where Shailesh Gandhi (co-accused) was employed as General Manager. One Rahul Chaturvedi is Chairman of the Company. For increasing business of the ::: Uploaded on - 17/01/2020 ::: Downloaded on - 09/06/2020 07:29:29 ::: A.B.A. No.1539/2019 & 1540/2019 (( 3 )) Company, Shri Chaturvedi had engaged Shailesh Gandhi as a Manager to look after the afairs of the Dairy at village Dighave. Shailesh Gandhi, in turn, engaged Ramesh Mishra, Ratan Bacha, Amit Parmar, Vishal Motiwala (applicant in Anticipatory Bail Application No.1539/2019), Brijesh Bhandari (applicant in Anticipatory Bail Application No.1540/2019), Mustakin Jantarliya, Shailesh Makwana as Sales Executives. All these persons are from Gujarat State. Shailesh Gandhi requested General Manager of the company to give his team a free hand in doing business. He assured that the business of Dairy would be increased in multiples within a short time. As such Shailesh Gandhi and his team were looking after the business of the Dairy at Dighave.
Further allegations in the F.I.R. are that Shailesh Gandhi received 2,13,000/- from one Abhay Kadu (owner of Vaishali Dairy) towards Company's dues. The said amount was not deposited with the Company. He has misappropriated the same. The Sales Executive had received a sum of Rs. 4,00,000/- as an advance. The said amount has also been misappropriated. The aforesaid persons used to collect amount from Dairy's customers. A sum of Rs.6,76,815/- has been received from customers. This amount has further not been accounted for. Shailesh Gandhi unauthorizedly sold crates used for carrying milk bags. Sale price of those milk crates was worth Rs.3,40,000/-, ::: Uploaded on - 17/01/2020 ::: Downloaded on - 09/06/2020 07:29:29 ::: A.B.A. No.1539/2019 & 1540/2019 (( 4 )) which has also been misappropriated. On inspection of accounts, it was found that Shailesh Gandhi has falsifed entries in the account books. He prepared false vouchers and tampered with computerized account system. Without seeking permission from the head ofce, Shailesh Gandhi distributed Company's products as free samples. Shailesh Gandhi prepared unwanted poly flms for Company from Sushant Industries, Daman. He spent therefor a sum of Rs. 1,69,183/-. He did not obtain sanction of such expenditure. He also incurred unnecessary expenditure for curd packing. Shailesh Gandhi purchased old machinery showing it to be new brand, for which he submitted vouchers and received amounts. Moreover, Shri Gandhi received a sum of Rs.65,31,023/- from the head ofce. He has not given accounts therefor to the company. As such, he has misappropriated the said amount.
6. Close reading of the allegations in the F.I.R. would indicate that specifc allegations have been made against the Manager- Shailesh Gandhi and Sales Executive. The applicants are alleged to have joined hands with Shailesh Gandhi and other members of his team.
The learned A.P.P. invited attention to statement of one Moin Munaf Shaikh. He used to receive goods from the ::: Uploaded on - 17/01/2020 ::: Downloaded on - 09/06/2020 07:29:29 ::: A.B.A. No.1539/2019 & 1540/2019 (( 5 )) Dairy. It is in his statement that he had purchased milk and milk products worth Rs.6,40,226=44 during 1.6.2019 to 15.7.2019. He has paid the entire amount. The books of accounts indicate that the sum of Rs. 4,36,320/- has been paid. Remaining amount of Rs. 2,03,906=44 is shown outstanding from him. It is in his statement that the aforesaid persons including the applicants used to come to claim money from him. He used to pay them towards goods purchased. The statement of this witness further indicates that he also used to pay money to the driver, who would come to deliver the milk bags and other products.
The aforesaid statement is general in nature. The prosecution meant to say that the sum of Rs. 2,00,000/- & odd has been received by aforesaid 8 persons and has not been accounted for. But the witness does not state that he had paid the amount to the applicants herein.
7. As such, allegations against the applicants herein are general in nature. Case is, therefore, made out to grant them anticipatory bail for a limited duration. The matter may be reviewed thereafter. In view of above, I pass following Order;
ORDER
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A.B.A. No.1539/2019 & 1540/2019
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(i) Both the applications are allowed.
(ii) In the event of arrest of the applicants viz. Vishal
Ketanbhai Motiwala and Brijesh Maheshbhai
Bhandari, they be released on bail in connection with Crime No.282/2019, registered at Sakri Police Station, Dist. Dhule, for the ofences punishable under Section 406, 408, 417, 420, 464, 465, 468, 471, 120(B) of the Indian Penal Code, on their executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each and surety bond in the like amount.
(iii) Duration of anticipatory bail is for six weeks.
(iv) The applicants shall appear before the Investigating Ofcer as and when required in connection with the aforesaid crime.
(v) Applications are disposed of accordingly.
(R.G. AVACHAT, J.) fmp/-
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