MOHAMMED SHUJAUDDIN SALEEM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in the event of his arrest in connection with crime No.420/2019 registered with City Chowk Police Station, Dist. Aurangabad for the offence punishable under Sections 420, 406, 467, 468, 471 read with Section 34 of the Indian Penal Code.

(2.) In substance the allegations are to the effect that the informant, his elder brother and the wife of the elder brother were intending to go on a pilgrimage to Haj. They approached the applicant who runs a business by name VIP International Haj and Umrah Services and its agent one Sayed Akhil Ali. In terms of the transaction the applicant paid an amount of Rs.3,25,000/- for himself, whereas, his brother and brother's wife also paid the applicant for the travelling expenses. It is alleged that when they reached the airport on 05.08.2019, it transpired that there were only the tickets of his brother and brother's wife. His ticket was found to be forged one. When he inquired with co-accused Sayed Akhil Ali about it he asked him to wait. Finally a cheque No.073512 was issued to him towards repayment of the money received by the applicant but he failed to honour the cheque and the informant realized that he was duped.

(3.) The learned advocate for the applicant submits that it is a civil dispute. At the most applicant can be blamed for not being able to perform his part of the contract. There is no criminality involved. He is a businessman ready to abide by all the terms and conditions. Nothing is to be recovered. Already the cheque which has been dishonoured is with the informant. There are no criminal antecedents and he may be granted bail.