30-BA1688-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1688 OF 2021

Prashant Chandley

.... Applicant

Versus

The State of Maharashtra

.... Respondent

______

Mr. Niranjan Mundargi a/w Keral Mehta, for the applicant.

Mr. S.S. Pednekar, APP for the State/Respondent.

______

CORAM:SARANG V. KOTWAL, J.

DATE

: 26^th JULY, 2021

(Through Video Conferencing)

P.C. :

1.

The applicant is seeking his release on bail in

connection with C.R.No. 423 of 2020 registered at Sheel

Daighar Police Station, Thane on 14/10/2020 under

sections 420, 426, 427, 436, 182 read with Section 34 of

the Indian Penal Code.

2.

The prosecution story is that, the applicant had

taken a godown on lease. The applicant had stored

259.150 metric tons of Soyabean belonging to M/s Stature

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Retail Private Company. In the godown he had also kept

148.280 metric ton toor belonging to ED and F Man

Commodities India Private Limited. The soyabean was

worth Rs. 1,04,71,224/- and other toor was worth Rs.

80,59,759/-. On 26/08/2020 at about 11.30 p.m. there

was fre in that godown causing extensive damage to

these goods. The applicant himself gave information to

the police station for which a separate complaint was

registered at Sheel Daighar. Police Station.

3.

Officers of both the above companies visited

the warehouse. They carried out their own survey and it

is their case that some damaged goods were found in the

godown. They were damaged because of the water used

in dousing the fre.

But some goods were

misappropriated by the applicant as the goods were not

found in the form of ash in the godown. The quantity of

ash was quite less. The allegations are that he had

misappropriated about 81.780 metric tons of goods

worth about Rs. 33,04,278.20/- and also 148.280 metric

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ton of toor worth about Rs. 80,59,759.40/-. The

allegations are that he had committed misappropriation

of goods worth Rs.01,13,64,037/- The FIR was lodged by

one Ankit Sisodia working with M/s Stature Retail Private

Company.

4.

The applicant was arrested on 03/11/2020 and

since then he is in custody. The investigation is over and

the charge-sheet is fled.

5.

Heard Mr. Niranjan Mundargi, learned counsel

for the applicant and Mr. S.S. Pednekar, learned APP for

the State.

6.

Shri Mundargi, learned Counsel for the

applicant submitted that the allegations against the

present applicant are vague. There is nothing to show

that the applicant had played any part in causing fre to

his own godown. He submitted that the allegations are

baseless and are based on survey which is extremely

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doubtful. He further submitted that there is no other

material connecting the present applicant with the

alleged ofence.

7.

Learned APP submitted that the investigation

shows that there was no short circuit and according to the

inquiry conducted, fre had occurred because of human

intervention. The applicant had misled the investigation

by claiming that there was short circuit. He submitted

that there is statement of petrol pump owner showing

that the applicant had purchased 100 liters of diesel and

there is no explanation ofered by the applicant.

8.

I have considered these submissions. Apart

from the frst informant, who was connected with M/s

Stature Retail Private Company, there is a statement of

Mr Sunil Daswant connected with ED and F man

Commodities India Pvt Ltd. Both of them have stated

that they had deposited their goods with the godown of

the applicant in May 2020. The incident had taken place

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in the night of 26/08/2020. There is absolutely no

material in the entire charge-sheet to show that before

the fre broke out the applican