SAIKUMAR JAIKANT JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for anticipatory bail by a tour operator who is alleged to have duped a passenger by failing to provide visa for a trip to Singapore. The passenger complains that he had to spend about Rs.50,000/- because of this inadequacy on the part of the applicant. The learned counsel for the applicant may be right in submitting that this cannot be said to amount to cheating but that will have to be decided at the trial. Since the complainant has stated that he has suffered a loss of Rs.50,000/- to Rs.60,000/-, on deposit of such amount in the trial Court, without prejudice to the rights of the parties, the applicant's being in custody may not at all be necessary. In view of this, in the event of his arrest the applicant be released on bail in C.R. No.268 of 2010 of Kandivali (W) Police Station, Mumbai on his furnishing P.R. Bond in the sum of Rs.20,000/- with one or more solvent sureties in the sum aggregating to Rs.20,000/-on the condition that the applicant will deposit in the trial Court a sum of Rs.50,000/-within a period of two weeks, which amount the learned trial Judge shall invest in any interest earning fixed deposit in any nationalised Bank and deal with the same at the end of the trial or as per the final report that may be filed in the case. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and he shall not leave the country without the prior permission of the trial Court. This order shall remain in force till the charge-sheets is filed. The application accordingly stands disposed of.