3-ABA-818-2021-WITH-IA-1213-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 818 OF 2021

Saiyad Faiz Hasan

… Applicant

Versus

The State of Maharashtra

… Respondent

WITH

INTERIM APPLICATION NO. 1213 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO. 818 OF 2021

Gautam Sanjaykumar Jhunjhunwala

… Applicant

IN THE MATTER BETWEEN :-

Saiyad Faiz Hasan

… Applicant

Versus

The State of Maharashtra

… Respondent

…..

Mr. Shahid Pathan, Advocate for the Applicant.

Mr. A. R. Kapadnis, APP for the Respondent – State.

Mr. Prathamesh Chachad, Advocate for the applicant in Interim

Application.

..…

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

26^th APRIL, 2021

PER COURT

:

1.

The applicant is seeking pre-arrest bail in C.R. No. 35 of

2021 registered with Vanrai Police Station for offences under Section

420 & 406 of Indian Penal Code (for short “IPC”). The First

Information Report (for short “FIR”) was registered on 6^th February,

Sajakali Jamadar

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2021.

2.

The case of the prosecution is that in January, 2021, the

complainant came across Whats-app promotion messages forwarded

by accused having business under the name and style of M/s. Ansari

Trading Enterprise with regards to sale of Nitrile Gloves. The

complainant contacted the accused and placed the order for

purchase of 5000 boxes A+ Quality Nitrile Gloves (Blue Colour).

The accused furnished invoices, E-way bills and LR copy. After

confirmation of the order placed by the complainant and thereby

confirm dispatch of 5000 boxes A+ Quality Nitrile Gloves which was

ready stock. Relying on the assurance of the accused, the

complainant paid sum of Rs. 17,64,000/- as per invoices issued by

the accused. The delivery was delayed. The accused neglected calls

of complainant. Due to which the complainant was compelled to visit

the accused for delivery of goods. In spite of payment of goods were

not delivered, the FIR was lodged.

3.

The applicant preferred an application for anticipatory

bail before the Sessions Court which was rejected by order dated 6^th

March, 2021.

4.

Learned advocate for the applicant submitted that the

applicant contacted Mr. Shoeb Khan and his business partner for the

order placed by the complainant. Shoeb Khan intimated the

applicant that he does the business in the name and style of Sabri

Sajakali Jamadar

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Enterprises. After receiving the amount from Fire Gaze Distributor

Pvt. Ltd. the applicant transferred the amount of Rs. 4,81,600/- and

12,04,000/- to Sabri Enterprises. The total amount of Rs.

16,85,600/- was transferred to Sabri Enterprises. On 14^th January,

2021, Mr. Shoeb Khan shared Tax Invoised dated 13^th January, 2021,

E-way bill dated 14^th January, 2021 and Railway transport bill and

railway parcel booking dated 14^th January, 2021. On 16^th January,

2021 the applicant was informed by the complainant that the goods

did not reached Mumbai. The applicant made inquiry with Mr. Shoeb

Khan and he gave excuse of pandemic situation. He assured that the

goods will be loaded on 16^th January, 2021 and delivered to Fire

Gaze Distributors on 17^th January, 2021. Despite promise by Mr.

Shoeb Khan, the goods were not delivered. Upon making inquiry

about the Railway transport bill (Bilty) dated 14^th January 2021 and

Railway parcel booking number, it was realized that the said

documents were false and fabricated. The applicant and the

complainant has conversation with Mr. Shoeb Khan who again

promised the delivery of goods. Subsequently, all of them went to

meet Shoeb Khan. He could not be found at the offices. The

complainant forcefully took the cheque from the applicant for Rs.

20,14,000/- dated 19^th January, 2021. The complainant and the

applicant then again tried to contact Shoeb Khan and Atif, but they

could not traced them. The complainant and his father lodged the

Sajakali Jamadar

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