Mohamed Farouk Suleman Darvesh And ORS v. The Senior Inspector Of Police And ANR

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.372 OF 2017 Mohamed Farouk Sauleman Darvesh & Ors. ... Applicants Vs.

The State of Maharashtra ... Respondent Mr.Rizwan Merchant with Ramiz Shaikh for the Applicants Mr.Y.M. Nakhwa, APP, for Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: FEBRUARY 27, 2017 P.C. :

1.

Not on Board. Upon mentioning, taken on board. 2.

This application is moved for transit pre-arrest bail as the applicants/accused apprehend arrest in C.R. No.60 of 2017 with , Halasuru Police Station, District Bengaluru for the offences punishable under sections 120B, 193, 379, 403, 408, 409, 417, 420, 463, 465, 471, 476 and section 477A of the Indian Penal Code. The FIR was registered on 14.2.2017 and the place of occurrence is shown as National Company Law Tribunal, Bengaluru Bench.

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3.

The learned Counsel for the applicants/accused submits that the brother of the complainant was the Managing Director till September, 2016 and the applicants/accused Nos.1 to 6 and the complainant are the Directors of Associated Décor Limited and applicants/accused Nos.7, 8 and 9 are the employees of the company. The learned Counsel for the applicants/accused submits that the main matter is scheduled tomorrow i.e., 28th February, 2017 before the National Company Law Tribunal at Bengaluru. He submits that the applicant/accused No.4 is 71 years old and has undergone open heart surgery and the wife of applicant/accused No.3 has sustained a fall and an injury, so she needs to undergo a surgery. He, therefore, prays that four weeks' transit pre-arrest bail be granted to the applicants/accused to appear before the regular Court at Bengaluru. 4.

Learned Prosecutor has opposed the application. 5.

Heard. Perused the papers. Considering the offence that transpires from the papers produced before me, I grant transit prearrest bail as under: 2 / 3

a) In the event of arrest, the applicant-accused shall be released on bail upto 20th March, 2017, upon furnishing P.R. Bond in the sum of Rs.20,000/- with one or two solvent sureties in the like amount;

b) The applicant-accused shall cooperate with the Investigating Officer and attend the concerned police station as and when called, until further orders by appropriate Court. c) The applicant-accused shall not tamper with the evidence;

6.

Anticipatory Bail Application is disposed of on the above terms.

(MRIDULA BHATKAR, J.) 3 / 3