Sunil Chimanlal Shah vs State Of Maharashtra on 23 January, 2023

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Bombay High Court

Sunil Chimanlal Shah vs State Of Maharashtra on 23 January, 2023

Bench: M. S. Karnik

Darshan Patil                                   904-aba-197-23.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

  ANTICIPATORY BAIL APPLICATION NO. 197 OF 2023

Sunil Chimanlal Shah                          ..Applicant
      VS.
The State of Maharashtra                      ..Respondent
                          ------------
Adv. Ashutosh Thipsay i/b Adv. Dinesh Mishra and Adv.
Tanmay H. G. for the Applicant.
Mr. S. V. Gavand, APP for the State.

                          ------------
                       CORAM : M. S. KARNIK, J.
                       DATE     : JANUARY 23, 2023
P.C. :

1.     Heard learned counsel for the applicant and learned

APP for the State.

2.     This is the application for pre-arrest bail in respect of

First Information Report No. 8 of 2023 dated 03/01/2023

registered with Kasturba Marg Police Station, for the offence

punishable under section 420 read with section 34 the

Indian Penal Code, 1860 and under sections 51 and 63 of

the Copyright Act, 1957.

3.     It is alleged that the applicant was found selling sub-

standard goods under the name of the first informant's

company. The applicant is not the owner of the shop but an

employee in the said shop. A raid was conducted and all

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 Darshan Patil                                      904-aba-197-23.odt


the goods have been seized. The first informant appeared in

person before the Sessions Court and stated that he has no

objection, if the applicant is released on bail by imposing

stringent conditions.          A notice under section 41A of the

Code of Criminal Procedure, 1973 was issued, however,

under the apprehension that he may be arrested, the

applicant approached the Sessions Court for pre-arrest bail.

4.     Considering the nature of the accusations against the

applicant, coupled with the fact that he is not the owner of

the shop but an employee of the shop which is owned by his

brother and further, the first informant has given no

objection to releasing the applicant on bail, it would be

sufficient if the applicant cooperates with the investigation.

There are no criminal antecedents reported against the

applicant. In this view of the matter, custodial interrogation

of the applicant is not required, as the goods have been

seized. Hence, the following order.

                                     ORDER

(a) In the event of arrest, the applicant - Sunil Chimanlal Shah, in respect of First Information Report No. 8 of 2023 dated 03/01/2023 registered with Kasturba Marg Police Station, 2/3 Darshan Patil 904-aba-197-23.odt shall be released on bail on furnishing P.R. bond in the sum of Rs 25,000/- with one or more sureties of the like amount.

(b) The applicant to report to the concerned police station on 27/01/2023 and 28/01/2023 between 11.00 am and 01.00 pm and thereafter, as and when called.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

5. The application is disposed of.

(M. S. KARNIK, J.) 3/3

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