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Bombay High CourtABA/810/2017others disposed off

Ashok Kumar Agarwal And ANR v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 2-aba-810-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 810 OF 2017

1. Ashok Kumar Agarwal ... Applicants

2. Archana Ashok Agarwal Vs.

The State of Maharashtra & Anr.

... Respondents ...

Mr. M.S. Mohite a/w Mr. Kiran Varma i/by Mr. Rajeev Sawant & Associate for the applicant.

Mr. R.M. Pethe, APP for the Respondent-State. Mr. S.R. Marwadi for the original complainant. Mr. Nilesh Dhamane, PSI, Amboli Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 4th JANUARY, 2019.

P.C.

1.

This is an application for anticipatory bail in connection with CR No. 72 of 2017 registered with Amboli Police Station for the offence punishable under Section 419, 420, 465, 467, 468, 471, 486, 487 read with 34 of Indian Penal Code. The dispute relates to the Trade Mark Act. The applicant was granted interim protection by order dated 3rd May, 2017. Subsequently, by order dated 31st August, 2018, this Court had directed the applicants to attend the Investigating Officer of Amboli Police Station on 10th September, 2018, 11th September, 2018 and 12th September, 2018.

Sknair 2-aba-810-17.odt While passing the order, it was observed that learned APP on instructions submits that the applicants be directed to remain present at the police station along with all the requisite documents and co-operate with the investigation. Learned advocate for the applicant on instruction submits that applicant had complied all conditions and whatever documents in their possession are handed over to the Investigating Officer who is present in the Court and the said fact is not dispute. Considering the nature of allegations and more particularly matter relates to the document. Hence, interim order dated 3rd May, 2017 deserves to be confirmed. Hence, I pass the following order.

ORDER

i) Anticipatory Bail Application No. 810 of 2017 is allowed; ii) Interim order dated 3rd May, 2017 is confirmed; iii) In the event of arrest of the applicants in connection with CR No. 72 of 2017 registered with Amboli Police Station, the applicants be released on bail on furnishing PR bond of Rs.25000/- each with one or two solvent sureties in the like amount; iv) Application stands disposed off.

( PRAKASH D. NAIK, J. )