Prakash Shah And ORS v. The State Of Maharashtra

rpa 1/4 aba-853-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLIATION NO. 853 OF 2016 1) Mr. Prakash Shah 2) Mrs. Varsha Shah 3) Mr. Vishal P. Shah .. Applicants

Versus

The State of Maharashtra .. Respondent ......

Mr.Marwadi a/w. Mr. Anirudha Lad, Mr. Sameer Singh, Mr. Sachin i/b. M/s. B.J. Law Officers, Advocate for the Applicants. Mrs. A.A. Mane, APP for the Respondent - State. ......

CORAM : P.D. NAIK, J.

VACATION COURT DATED :

MAY 10, 2016.

P.C.

The applicants are apprehending arrest in connection with the offence registered with Jigani Police Station, Bangalore vide C.R. No.017 of 2016 for the offences punishable under Sections 120-B, 406, 419, 468, 467, 420 and 469 of the Indian Penal Code. The said police station has issued a notice to the applicants on 30th April, 2016 stating that the offences has been

rpa 2/4 aba-853-16.doc registered against them with the said police station on the basis of the complaint filed by Mr. Abdul Wahab of M/s. Power Core Industries Pvt. Ltd. regarding supply of Raw Materials along with the Mix of Rusted Materials by receiving the cheques for cash and through RTGS.

The applicants had preferred an application for anticipatory bail seeking temporary protection which has been rejected vide order dated 7th May, 2016. The learned counsel appearing for the applicants pointed out that the applicants have initiated three complaints against the complainant in the subject First Information Report. In the application it has been stated that the complaints are filed for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881. It is submitted that as the counter blast to the complaints filed by the applicants, the subject First Information Report has been registered against the applicants at Jigani Police Station with a view to cause harassment to them and coerce them to submit to the demand.

The applicants are seeking limited protection with a view to approach the competent Court for seeking appropriate

rpa 3/4 aba-853-16.doc reliefs. It is also pointed out that the applicant nos. 1 and 3 are presently at abroad and they will be returning to India on 19th May, 2016. It is, therefore, submitted that sufficient time may be granted to the applicants to approach the appropriate Court for seeking appropriate reliefs.

Considering the facts and without entering into the merits of the case, the limited protection is required to be granted to the applicants with a view to approach the competent Court.

Hence, I dispose of the application by passing the following order:

:: O R D E R ::

(i) In the event of arrest of the applicants in C.R. No.017 of 2016 registered with Jigani Police Station, Bangalore, the applicants may be released on bail in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount. This protection is granted for a temporary period of four weeks

rpa 4/4 aba-853-16.doc from today. The applicants are at liberty to move the competent Court for appropriate reliefs;

(ii) Parties to act on an authenticated copy of this order.

(P.D. NAIK, J.)