Bhupesh Babulal Jain And ANR v. The State Of Maharashtra

aba.502-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 502 OF 2019 Bhupesh Babulal Jain & Anr ..Applicants Vs The State of Maharashtra ..Respondents ----- Mr. Abdul Millwala for the for applicant.

Mr. S.S. Hulke, APP for State.

Mr. A.K. Chauhan for the Intervener.

CORAM : A.S.GADKARI, J.

DATE : 5th April 2019.

P.C.:

1] By an Order dated 26th February 2019, the applicant was granted interim relief.

2] Heard the learned counsel for the applicant, the learned counsel for the Intervener and the learned APP for the State. Perused the record. 3] It is matter of record and as observed in Order dated 13th March 2019 in A.B.A. No.2678 of 2018 that, the first informant without disclosing the fact that, he instituted a private complaint in the Court of Metropolitan Magistrate, Girgaon, Mumbai and by an Order dated 20.10.2018 the concerned Court had directed to conduct an enquiry under Section 202 of 1/2

aba.502-2019.doc Cr. P.C., has filed the present first information report. Thus the first informant without disclosing the material fact to the police, has lodged the present crime against the applicants.

4] The co-accused Mr.Prakash Parekh and Mrs.Asha Parekh are granted pre-arrest bail by this Court by its Order dated 13th March 2019. The observations made in the Order dated 13th March 2019 are squarely applicable to the applicants herein.

5] In view thereof, interim relief granted by Order dated 26th February 2019 is hereby confirmed.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2