Arunkumar S/O Govindkumar Bhaiya And Another v. State Of Mha. Thr. Pso Ps Gondia Rural Dist.Gondia

2023:BHC-NAG:13838

(1) 3.appp.1316.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1316 OF 2023 IN CRIMINAL APPLICATION (BA) NO.475 OF 2023 (D) Arunkumar s/o Govindkumar Bhiya and another Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Gondia (Rural), District Gondia ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. R. Vyas, Advocate for applicant.

Mr. M. J. Khan, APP for non-applicant.

Mr. A. R. Agrawal, Advocate for complainant.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 15/09/2023 1.

The application is for seeking modification/clarification of common order passed in Criminal Application Nos.475/2023 and 474/2023 by which the applicants who are Directors of Maheshwari Solvent Extraction Limited. They are prosecuted in Crime No.165/2023 registered under Sections 120-B, 403, 420, 405, 423, 425 and 421 read with Section 34 of the Indian penal Code and under Section 447 of the Companies Act.

2.

After hearing both sides, this Court allowed the application and released the applicants on bail on condition that the applicants shall not indulge in the similar type of activities. By this application, the

(2) 3.appp.1316.2023 applicants are seeking permission to convene the meeting.

3.

The said application is opposed by the original complainant as well as learned APP, on the ground that in view of the condition, the applicant shall not indulge themselves in any illegalities and they can convene meeting by obeying the conditions by taking into consideration the interest of shareholders and the investors.

4.

Perused the application and the order passed by this Court, considering the conditions imposed, the application deserves to be allowed by permitting the present applicants to convene the meeting by taking into consideration the interest of all the shareholders, the complainant and the investors.

5.

The applicants shall not in any manner indulge in any illegal activities in contravention of the same, the bail granted to the applicants deserves to be cancelled.

6.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate