Pooja Jignesh Panchal vs. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2440 OF 2021

Pooja Jignesh Panchal ..Applicant

v/s.

The State of Maharashtra . ..Respondents

Mr.Ganesh Gupta , with Mr. Abhishek Kumar i/b. G.G.Legal Associates for the Applicant. Mr. M.G.Patil, APP for the State. PSI Salunkhe, from Khar Police Station present.

CORAM : ANUJA PRABHUDESSAI,J. DATED : 6th APRIL, 2022.

P.C.

1. This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicant seeking pre-arrest bail in C.R.No. 603 of 2021, registered with Khar Police Station, for offences under Section 420, 406, 465, 467, 468, 471 r/w. 34 of Indian Penal Code.

2. Heard Mr. Gupta, learned Counsel for the Applicant and Mr. Patil, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3. The aforesaid crime was registered pursuant to the FIR lodged by Mr. Vikram Rupani. A perusal of the complaint prima facie reveals that the Complainant, the Applicant and her husband had entered into business transaction to import hand gloves. It was agreed that the Applicant and his wife would be responsible to check the qualify of the goods, whereas the responsibility of the Complainant was to sell the goods. Accordingly, both the parties entered into an agreement. It is the contention of the Complainant that the gloves which were imported in March 2021 were found to be of inferior quality. The Complainant had stated that since it was the responsibility of the Applicant and her husband to ensure the quality, they were liable to refund the amount paid towards the said goods. Failure to refund the amount has resulted in lodging of the FIR and registration of crime.

4. The main grievance is for breach of contractual obligation. The contract contains arbitration clause. Considering the nature of accusation leveled against the Applicant, in my considered view, the Applicant is entitled for interim bail on certain terms and conditions. Under the circumstances the Application is granted on the following terms and conditions:-

(i) In the event of arrest of the Applicant in Crime No. 603 of 2021, registered with Khar Police Station, the Applicant be released on interim bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or two solvent sureties in the like amount, to the satisfaction of the Investigation Officer.

(ii) The Applicant shall report to the Investigating Officer for four days from 11.04.2022 between 11.00 a.m. to 2.00 p.m., further and as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The Applicant shall provide her permanent as well as temporary address, if any, and his contact details to the Investigating Officer.

(iv) The Applicant shall not change her residential address without prior intimation to the Investigation Officer.

(v) The Applicant shall not interfere with the complainant and the other witnesses in any manner.

. Stand over to 27.04.2022.

PRASANNA P SALGAONKAR Digitally signed by PRASANNA P SALGAONKAR Date: 2022.04.08 15:06:14

+0530

(ANUJA PRABHUDESSAI, J.)