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Bombay High Court

Durwang Uday Sawant vs The State Of Maharashtra on 2 July, 2021

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                                    41-Aba-1536-2021.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

               ANTICIPATORY BAIL APPLICATION NO. 1536 OF 2021

 Durwang Uday Sawant                                       ... Applicant

           Versus

 The State of Maharashtra                                  ... Respondent

                                  .....
 Mr. Gaurav Parkar, Advocate for the Applicant.
 Mr. Y. M. Nakhwa, APP for the Respondent - State.
                                 .....

                                CORAM       :     PRAKASH D. NAIK, J.
                                DATE        :     2nd JULY, 2021.

 PER COURT:

 1.                 This is an application for anticipatory bail in C.R. No.

 383 of 2021 registered with Malad Police Station, Mumbai. Initially

 the offences were registered under Sections 43(B) & 72 of the

 Information Technology Act, 2000. Both offences were bailable in

 nature. Subsequently, Section 408 of Indian Penal Code (for short

 "IPC") is invoked.


 2.                 Learned counsel for the applicant submits that the

 offence under Section 408 of IPC is not made out against him. There

 is no specific allegations attributing the charge under Section 408 of

 IPC to the applicant. The said provision has been invoked

 subsequently.


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                                                                      41-Aba-1536-2021.doc




 3.                 Learned APP submitted the role of the applicant is that

 he has transferred data of the company from his E-mail ID to the ex-

 employee of the complainant's company.


 4.                 Learned APP seeks time to take further instructions as

 the investigating officer is not present in the Court. Considering the

 factual aspects, interim protection can be granted to the applicant.


                                      ORDER

(i) In the event of arrest of the applicant in connection with in C.R. No. 383 of 2021 registered with Malad Police Station, Mumbai, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii) The applicant shall appear before the investigating officer as and when called for till the next date of hearing.

(iii) Stand over to 23rd July, 2021.

(iv) This interim protection is granted till the next date of hearing.





                                                   (PRAKASH D. NAIK, J.)




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