Rakesh Ahire v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.577 OF 2024 Rakesh Ahire .... Applicant versus State of Maharashtra .... Respondent .......

• Mr. Rahul Shelke a/w Akshay Bansode, Advocate for Applicant. • Ms. Rajeshree V. Newton, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 01st MARCH, 2024 P.C. :

1.

Leave to amend to put the page numbers. Amendment shall be carried out forthwith.

2.

The Applicant is seeking anticipatory bail in connection with C.R.No.580/2023, dated 04/10/2023, registered with Powai Police Station, Mumbai, under sections 420, 406 of the Indian Penal Code.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.03.04 11:28:21 +0530 MANUSHREE NESARIKAR 3.

Heard Mr. Rahul Shelke, learned counsel for the Nesarikar

2 / 5 Applicant and Ms. Rajeshree V. Newton, learned APP for the State.

4.

Learned APP is seeking time as the Investigating Officer is not present. At her request, today I am adjourning the matter. However, I have heard learned counsel for the Applicant for consideration of ad-interim relief.

5.

The FIR is lodged by one Saraf Shaikh. He was working with Bitzer India Pvt. Ltd. Their company was in the business of manufacturing compressors and supplying it to their consumers. Their Head Office was in Germany. In January 2022 they had a meeting and it was decided that the compressor can be manufactured in India. The company required spare parts cleaning machine. Their officers searched on the internet and came to know that there was one company by name High Tech Cleaning Machine, who used to provide spare parts cleaning machine. The present Applicant was the Director of that company. The informant company then contacted the Applicant

3 / 5 who agreed to sell the required machine for Rs.14,50,000/-. He was to deliver that machine at the beginning of February 2023. The informant company paid him Rs.5,80,000/- on 17/01/2023. However, the machine was not provided. The Applicant asked for Rs.2 lakhs more. But there was no progress in the manufacture of the cleaning machine. The Applicant stopped responding to their calls. Therefore, finally this FIR is lodged. 6.

Learned counsel for the Applicant submitted that it is purely a commercial dispute. This cleaning machine is a specialized machine. It is not manufactured in the ordinary course. Only when a special order is placed, these spare parts required for those machines are purchased and then machine is manufactured. In the present case, after receiving the order and the initial payment, the Applicant had purchased the spare parts and spent around Rs.10 lakhs, but still some parts were required, for which he needed more money. The informant company, did not give him that money. Therefore, the work could not progress further. Because of this reason, the machine

4 / 5 could not be manufactured. There was no intention to commit any offence of cheating or misappropriation. Learned counsel pointed out that in the FIR itself it is mentioned that the informant company's officer had visited the Applicant's company on 28/02/2023. It is mentioned in the FIR that there was no improvement in the machine. That meant that the machine was still there. It is not that the Applicant had not taken any steps. 7.

Considering these submissions, the investigating agency will have to show as to how criminal offence is made out in this case. In the meantime, the Applicant can be protected by way of ad-interim relief. The Applicant will have to cooperate with the investigation.

8.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.580/2023, dated 04/10/2023, registered

5 / 5 with Powai Police Station, Mumbai, till the next date, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 10/04/2024.

(iv) Stand over to 10/04/2024.

(SARANG V. KOTWAL, J.)