Anil S/O/ Sital Hansrajani And ANR v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2086 OF 2018 1] Anil s/o Sital Hansrajani 2] Mrs. Rajni w/o Anil Hansrajani ..Applicants Vs The State of Maharashtra ..Respondents WITH ANTICIPATORY BAIL APPLICATION NO.1804 OF 2018 1] Mahesh Hansrajani 2] Mrs. Namrata w/o Mahesh Hansrajani ..Applicants Vs The State of Maharashtra ..Respondents ----- Mr. A.M. Saraogi for the Applicants.

Ms. J.S. Lohokare, APP for State.

----- CORAM : A.S.GADKARI, J.

DATE : 24th April 2019.

P.C.:

1] Heard the learned counsel for the applicant and the learned APP for the State. Perused the record of investigation. 2] By an Order dated 9th October 2018, the applicants were granted interim relief. The record indicates that, the hand-writing expert 1/4

i.e. Additional Chief State Examiner of Documents, C.I.D., Mumbai has given his opinion that, the signature of the first informant on Addendum Agreement dated 10th August 2010 is not a genuine signature and the authorship of the same on the Agreement is unknown. 3] The Co-Ordinate Bench of this Court (Shri S.J. Kathawalla, J.) by its Order dated 3rd September 2015 in Notice of Motion (L) No.1340 of 2015 in Suit No.502 of 2015 has observed that, the defendant No.1 Sai Entertainment Pvt. Ltd of which the applicants are the Directors, has no right in respect of the suit films, save and except video rights and hence the claim of the defendant No.1 i.e. Sai Entertainment Pvt. Ltd is dishonest. The applicants are the directors of the said Sai Entertainment Pvt. Ltd. The documents in question i.e.

Addendum Agreement dated 10th August 2010 allegedly executed between M/s Wide Angle Media Pvt Ltd and M/s Sai Entertainment Pvt. Ltd. is signed by the applicant Anil Hansrajani. The record further indicates that, it is the said applicant Mr. Anil Hansrajani who is conducting day-to-day affairs of the said Company and prima facie appears to be the perpetrator of the present crime.

Hansrajani, the learned counsel for the applicant on instructions seeks leave to withdraw the present application qua the Applicant No.1 Anil Hansrajani with liberty to surrender before the concerned Magistrate having jurisdiction over Oshivara Police Station, Mumbai on or before 11.00 a.m of 7th May 2019.

Leave and liberty qua the Applicant No.1 Anil Hansrajani granted. It is made clear that, the period to surrender before the concerned Magistrate shall not be extended on any ground. 5] As far as the applicants namely Applicant No.2 Mrs. Rajni Anil Hansrajani in A.B.A. No.2086 of 2018, Applicant Nos.1 and 2 namely Mr. Mahesh Hansrajani and Mrs. Namrata Mahesh Hansrajani in A.B.A. No.1804 of 2018 are concerned, the said three applicants have not played major role in the present crime. Applicant No.1 Anil Hansrajani (A.B.A No.2086 of 2018) is instrumental in creating the document in question. The said other applicants are the directors of Sai Entertainment Pvt. Ltd and it appears that, they were not actively participating in day-to-day affairs of the Company and they can be protected by pre-arrest bail. 6] Hence, the following Order:- (a) A.B.A. No.2086 of 2018 qua the Applicant No.1 Anil Hansrajani 3/4

is dismissed as withdrawn with liberty to surrender before the concerned Magistrate having jurisdiction over the Oshivara Police Station, Mumbai on or before 11.00 a.m of 7th May 2019.

(b) As far as Applicant No.2 Mrs. Rajni Anil Hansrajani in A.B.A. No.2086 of 2018, Applicant Nos.1 and 2 namely Mr. Mahesh Hansrajani and Mrs. Namrata Mahesh Hansrajani in A.B.A. No.1804 of 2018 are concerned, they are granted pre-arreset bail. (i) In the event of their arrest in CR No.2 of 2017 registered with Oshivara Police Station, Mumbai, they shall be released on bail on their furnishing PR bond of Rs.25,000/- each with one or two separate solvent local sureties in the like amount. (ii) The said Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

7] Both the applications are disposed in the aforesaid terms. (A.S.GADKARI, J.) 4/4