North Star Gems (India) Ltd Thorugh Its M. D. Dr Piyush Mehta v. The State Of Maharashtra And ORS

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.745 OF 2015 IN CASE NO.170/MECR/2000 Dr. Piyush Mehta (M.D., North Star Gems (India) Ltd.) ... Applicant vs.

The State of Maharashtra and Others ... Respondents Mr. Piyush Mehta, applicant-party in person.

Mrs. P.P. Shinde, APP for the State Mr. R.B. Mokashi, for Respondent No. 4.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

16th MARCH, 2016 P.C.:

.

The applicant who is the complainant in this case has filed this application for cancellation of the order dated 14th October, 2015 passed by the learned Additional Sessions Judge, Greater Bombay in Anticipatory Bail Application No. 1550 of 2015. 2.

The applicant who is appearing party in person has submitted that the Respondent No. 4/accused Dr. Amit Shah has committed offence of forgery and also conspired along with the other 1 / 3

co-accused and cheated the applicant in the share market. The order of granting anticipatory bail to the Respondent No. 4/accused is not correct. The learned Additional Sessions Judge ought to have consider the gravity of the offence and should not have granted bail to the Respondent/accused. The party in person submitted that the accused has also breached the terms and conditions imposed by the learned Sessions Judge.

3.

The learned prosecutor while replying to this application, on query has submitted that in the affidavit filed by Mr. Anil Kadam (API), Santacruz police station, Mumbai, it is mentioned that the Respondent/accused had attended every Tuesday as directed by the trial Court and the dates are given accordingly. The prosecution has not moved any application for cancellation of the anticipatory bail of the accused. Further the condition is also modified by the learned Sessions Judge on 8th March, 2016.

4.

After perusal of the order of the trial Court, nothing illegality is found in the said order dated 14th October, 2015. Hence, no case if made out to cancel the pre arrest bail granted by the 2 / 3

learned Sessions Judge to the Respondent No. 4/accused. Hence, the application stands rejected.

(MRS.MRIDULA BHATKAR, J.) 3 / 3