IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
3 ANTICIPATORY BAIL APPLICATION NO.267 OF 2021
MANGAL UTTAM BHUJBAL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. H.V. Tungar, Advocate for applicants
Mr. A.V. Deshmukh, APP for respondent Nos.1 and 2
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 15th MARCH, 2021.
PER COURT :
1 Heard learned Advocate for the applicants and learned APP. The
applicants are apprehending their arrest in connection with Crime
No.41/2021 registered with M.I.D.C. CIDCO Police Station, Aurangabad, for
the offence punishable under Section 406, 420 read with Section 34 of the
Indian Penal Code, 1860.
2 Learned APP submits that since the matter is coming for the first
time, he has yet to receive the papers, but still from the commence of the FIR
it can be said that the present applicants are the part of J.G.M. Commodities,
which was the company promoting transactions in the share market and the
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said company, which is run by present applicants as well as Akshay Uttam
Bhujbal and Priyanka Akshay Bhujbal, had collected huge amount and had
given promises of high returns and also Thailand tour. Further, it appears
that the informant and others had transferred money to the account
maintained by Akshay Uttam Bhujbal, online, and therefore, when the
amount has been received and the further services as promised have not been
given, there is definitely cheating and misappropriation, and therefore, they
do not deserve any interim protection.
3 It can been seen from the FIR, which is lodged by one Sunil
Trimbak Rathod that he had given a complaint application on 10.10.2020
regarding whatever the promises were made and the amount he had
transferred and naturally it would have been with the prayer to take action
against those authorities in J.G.M. Commodities share market. However, it
appears that the FIR came to be lodged on 09.02.2021. Further perusal of
the FIR would show that the amount has been transferred to the account of
Akshay Uttam Bhujbal. Further, he had given cheque drawn on his bank
maintained with I.C.I.C.I. Bank, Branch at Adalat Road, Aurangabad. That
means, prima facie in the FIR it is not stated that the said account was
maintained in the name of J.G.M. Commodities. Under such circumstance,
till the papers are perused the applicants, who are the relatives of Akshay
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Uttam Bhujbal, are required to be granted interim protection. Hence,
following order.
ORDER
1 Issue notice to the respondents. Learned APP waives notice for
the respondent Nos.1 and 2. Notice is returnable on 24.03.2021.
2 In the meantime, in the event of arrest of the present applicants
viz. 1) Mangal w/o Uttam Bhujbal and 2) Yogesh Uttam Bhujbal, in
connection with Crime No.41/2021 registered with M.I.D.C. CIDCO Police
Station, Aurangabad, for the offence punishable under Section 406, 420 read
with Section 34 of the Indian Penal Code and under Section 3 and 4 of the
Maharashtra Protection of Interest of Depositors (in financial establishment)
Act, they be released on P.R. of Rs.50,000/- (Rupees Fifty Thousand only)
each with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand only).
3 The applicant No.2 shall remain present before the Investigating
Officer on every Sunday between 10.00 a.m. to 02.00 p.m., till further orders.
4 The Investigating Officer, if required, may also call applicant
No.1. However, for that purpose the Investigating Officer to give 48 hours
notice in advance.
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5 The applicants shall not tamper with the evidence of the
prosecution, in any manner.
( Smt. Vibha Kankanwadi, J. )
agd
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