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Bombay High CourtABA/191/2020anticipatory bail granted

Abdul Rashid Abdul Rehman Shaikh And ANR v. The State Of Maharashtra And ORS

2020-01-23Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 191 OF 2020 Abdul Rashid Abdul Rehman Shaikh and anr.

.Applicants ...

v/s.

The State of Maharashtra .Respondent ...

**** Mr. D.A. Nalawade a/w. Ms. A.D. Nalawade i/by. Mr. Irvin Dsouza, '

Advocate for the applicant.

Mr. S.R. Agarkar, APP for the State.

PSI, Palande, D.B. Marg Police Station present. CORAM : SANDEEP K. SHINDE, J.

Thursday, 23 January, 2020.

P.C. :

1.

Heard.

2.

It is an application for pre-arrest transit bail. Applicants were accused in L.A.C. No.4/2020 dated 8 th January, 2020 registered with Dr. D.B. Marg Police Station, Mumbai for the offences punishable under Sections 63(A) and 65 of

2/3 the Copyrights Act, 1957 wherein the applicants had been released on bail on 11 th January, 2020.

3.

Applicants apprehend, Naimuddin Siddiqui, Chanchal Ghosh, Sameer Potddar, Tarakchandra Roy, all residents of Kolkata, West Bengal who are associated with Grand Tobacco Pvt. Ltd., and it is the case of the applicants that, they may lodge similar complaint against the applicant in West Bengal which can be seen in para-(i) of his application. The apprehension is well founded and thus applicants seek pre-arrest transit bail for a period of four weeks to approach the Court of competent jurisdiction at West Bengal. Admittedly, the applicants are residents of City of Mumbai. In view of the facts of the case and for the reasons stated, the Application is allowed and hence the following order.

5.

Pre-arrest, transit bail is granted to the applicants till 24 th February, 2020 and in the event of their arrest in complaint/report by Naimuddin Siddiqui, Chanchal Ghosh, Sameer Potddar, Tarakchandra Roy, all residents of

3/3 Kolkatta for the alleged infringement of their copyrights in a product named ARS Chand Tara "

Marka Gul, the applicants shall be released on "

bail on furnishing P.R. Bond of Rs.20,000/- each (Rs. Twenty Thousand only) with one or two sureties in the like sum.

6.

It is made clear that this Court has not examined the case on merit and all contention of the respective parties are kept open.

(SANDEEP K. SHINDE, J.)