Dharmesh Narendra Joshi And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1374 OF 2017 1.

Dharmesh Narendra Joshi 2.

Sharmila Dharmesh Joshi ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.T.N.Sonawane, for the Applicants.

Ms.Anamika Malhotra, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 4th AUGUST, 2017 P.C. :

1.

Heard learned Counsel for the applicants.

2.

By this application, the applicants seek interim protection, till their application, being Criminal Miscellaneous Application No.2147 of 2017, pending before the Court of Special Judge under MPID, Pune, is finally decided. Learned Counsel for the applicants submitted that the applicant no.1, is a Chartered Accountant by profession and is running a partnership firm by the name 'Vyas and Joshi Chartered Accountant' in Mumbai. He submitted that the applicants themselves are the depositors.

2/3 He further submitted that the applicants application for anticipatory bail alongwith the interim application, is pending since June, 2017 and no order has been passed on the interim application, till date. He submitted that the main application is posted for hearing on 11th August, 2017. He prays that the applicants be protected till their application is finally decided by the learned Special Judge under MPID, Pune. 3.

Learned APP is unable to point out any material as against the applicants. She submitted that the Investigating Officer is not present today. 4.

The matter was adjourned on 2nd August, 2017 to unable the learned APP to take instructions. Today, also the Investigating Officer is not present. In view thereof, without going into the merits, the applicants are granted interim protection, till their application is finally decided by the Trial Court, on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount;

3/3 (ii) The applicants shall report to the office of E.O.W, Crime Branch, Pune, on the 9th and 10th August, 2017, between 10.00 a.m. to 12.00 noon.

5.

The application is accordingly disposed of on the aforesaid terms.

6.

The Trial Court shall decide the application, on its own merits, uninfluenced by the interim protection granted by this Court. No adjournment shall be sought by the applicants in the Trial Court. 7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)