PRASHANT DAJI PARAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is arraigned in C.R. No. 204 of 2019, registered with Vile Parle Police Station, for the offences punishable under section 120-B, 408 and 420 of the Indian Penal Code, 1860 ( 'the Penal Code ') has preferred this application for pre-arrest bail under section 438 of the Code of Criminal Procedure, 1973 ( 'the Code ').

(2.) By an order dated 7th November 2019, this Court had granted interim relief primarily for the reason that in the application for anticipatory bail before the Court of Session, the applicant was granted interim protection.

(3.) The gravamen of indictment against the applicant is that the applicant was working as the Assistant Manager, Distribution, with M/s. Gufic Biosciences Limited ( 'M/s. Gufic '). The applicant along with the coaccused, who were also working as the employees of M/s. Gufic, on various posts, entered into a criminal conspiracy with the companies which were rendering transport and logistical services to M/s. Gufic and deceived the said company for a huge sum of Rs.33,36,245/- by causing wrongful gain to themselves and corresponding wrongful loss to the company. It was alleged that the applicant, in breach of the conditions of service, had started firms under the name and style M/s. Fast-Track Integrated Services Limited and Samarth Enterprises and amounts were credited to the account of those entities and the personal account of the applicant by the companies, which were rendering transport and logistical services to M/s. Gufic, as a part of the said criminal conspiracy to dupe M/s. Gufic. It was further alleged that the applicant had approved the inflated rates of transportation charges and thereby caused wrongful loss to M/s. Gufic. When the fraud was allegedly unearthed, Mr.Pratap Shinde, who conducted an enquiry into the said matter, lodged report on 5th June 2019 on behalf of M/s. Gufic, for the offences punishable under section 120-B, 408 and 420 of the Penal Code.