Bombay High Court
Shsheel Jangira vs The State Of Maharashtra on 17 July, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-AS:20012
P.H. Jayani 34 ABA1684.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1684 OF 2023
Mr. Mohsin Mushtaq Khan .... Applicant
v/s.
The State of Maharashtra and anr. .... Respondents
WITH
INTERIM APPLICATION NO. 2297 OF 2023
IN
ANTICIPATORY BAIL APPLICATION NO. 1684 OF 2023
Smt. Susheel Jangeera .... Intervenor
In the matter between :-
Mr. Mohsin Mushtaq Khan .... Applicant
v/s.
The State of Maharashtra .... Respondent
Ms. Priya Gupta a/w. Ms. Anjali Nimbalkar and
Mr. Shreyash Mithare for the Applicant.
Mr. S.H. Yadav, APP for the State.
Mr. Karan Singh Rajput a/w. Fauzan for the Intervenor.
Mr. Dedwal, PSI, Oshiwara Police Station, Mumbai, present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 17th JULY, 2023.
P. C. :-
. The Applicant apprehends his arrest in C.R.No.329/2023 registered with Oshiwara Police Station, Mumbai initially for offences punishable under sections 323, 354, 504, 506, 509 r/w. 34 of the Indian Penal Code. It is stated that subsequently offences under 1/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 ::: P.H. Jayani 34 ABA1684.2023.doc sections 406 and 420 have been added.
2. Learned counsel for the Applicant and learned APP states that during the pendency of this Application, the Applicant as well as the Respondent No.2/first informant have settled the dispute amicably.
They have placed on record Consent Terms which reads thus :-
" a) The present Applicant -Mohsin Mushtaq Khan is hereby agrees to handover :-
I. Original uncontaminated Hardrives along with the copy of the edited version containing the film "Jwala" to the Respondent No.2 i.e. original complainant/Intervenor.
II. The Applicant herein agrees to hand over a Demand Draft of Rs. 2,00,000/-(INR two lakh only) to the Respondent No. 2 by way of complete payment in lieu of the remaining personal costumes of Respondent No.2, and film costumes, two back packs, steel tiffin's, 20-25 footwears/ accessories/ wigs/wrist watch of all the actors, film properties/ Multiple Fake 5 Nokia phones/2 pistols with cover/ jewelleries, 10 sunglasses, pink teddy, empty 2 costume boxes/peti and other miscellaneous items belonging to the film titled- "Jwala".
Hereto marked and annexed Exhibit-A, is the copy of the demand draft No. 048270 dated 15/07/2023 ICICI Bank, Lokhandwala Branch.
b) The present Applicant hereby agrees to give his complete disassociation letter to the Respondent No.2 i.e. original complainant/intervenor by waiving all his claims/credits/rights /remuneration/benefits now or in future regarding said film titled 2/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 ::: P.H. Jayani 34 ABA1684.2023.doc "Jwala" through himself or any other. Hereto marked and annexed Exhibit-B, is the copy of Disassociation Letter dated 15/07/2023.
c) The Respondent No.2 i.e. original complainant/ Intervenor hereby agrees to give her Consent/No objection for the Anticipatory Bail bearing No.1684/2023 filed by present Applicant before this Hon'ble Court. The Respondent No.2 will also give her consent for quashing of FIR bearing C.R.No.329/2023 before this Hon'ble Court as and when Applicant will prefer petition before this Hon'ble Court.
d) The Respondent No.2 i.e. original complainant/ intervenor hereby agrees that after receiving above edited version of Raw Footage/ Hard Disk, Payment in lieu of Costumes/Properties & Disassociation Letter from the applicant and permanent removal/ deletion of each photograph/ video/ reels/ digital content/footage/information, from various social medial public/online platforms by the present applicant or his associates and clearing the final pending payments (for shoot/ reshoot/ dubbing/release of the said film) of all the artists in the film and Respondent No 2 receiving the acknowledgment directly from each artist via email and complying with all the terms, by the present Applicant/ his associates, she will not claim/ demand anything from present Applicant. Further, The Applicant undertakes not to ever upload, use, otherwise circulate or bring into existence any photograph, video, reel, posts, information, material, letter etc. In relation to the film titled as "Jwala" anytime in the future on any social or similar nature platform (Digital or otherwise).
e) The present Applicant hereby agrees to remove/delete permanently the following material posted on their personal social media accounts or on their family members/associates accounts.
I. all the photographs/ videos/ information/ footage/ material
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online post from the all public/online platforms/social media unlimited to Facebook, Instagram, youtube etc., posted by the present Applicant/his family members/ friends/associates regarding the film "Jwala", which includes Raw/edited footage, behind the scenes/making/photographs/ audio / videos / any information / material / costume/ property related to film titled- "Jwala" on set/ off set, during the shoot, pre-production or post production .
II. all the photographs/videos/digital content/reels shot/made on the sets of film titled -"Jwala" using its location/ properties1 Police Jeep / atmosphere / artists /crew members during shoot/ pre- production/post production posted by the present Applicant and his family members/friends/associates on any social/ online/public platform.
III. any audio/ video/ photographic/digital/ non-digital interview/ conversation/ information shared on social medial public platform where present Applicant including his associates are giving interview or talking/sharing any information / material regarding the film titled - "Jwala" or about Respondent No.2. i.e. the original complainant/intervenor or her banner Secondoct Entertainment (OPC) Pvt Ltd.
IV. all the photos/videos/footage clicked/made/taken/shot with the Respondent No.2 i.e. original complainant/Intervenor-Ms. Susheel Jangira on/off set permanently, irrespective of the place/ location/time/occasion they are being shot/captured.
f) The present Applicant undertakes that he do not own/possess any Raw Footage/Edited Footage Hardrives of the said film and have not made any illegal copies of the same. Any distribution /leak of copyrighted material regarding the film titled- Jwala or behind the scenes or digital content shot/made on the sets of said film shoot/pre-production/post production or any video/ photographs 4/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 ::: P.H. Jayani 34 ABA1684.2023.doc with the respondent No. 2 i.e. by the present Applicant and his close associates will result in applicable of penalty, compensation, etc. towards the respondent No. 2 since the ultimate responsibility is with the applicant Mohsin Khan, he undertakes that any exploitation of any kind of photographs/videos mentioned in the court order should never take place, because he hired or brought the said personal friends/relatives/associates/assistants on the sets of film titled -Jwala, he will take the full responsibility for the same.
g) The present Applicant hereby undertakes that he will directly or indirectly through their family members/friends/associates never distribute/ publish/ relese/ leak/ transfer/ sell/ use/ misuse/ upload/ exploit in parts/full any information/digital material unlimited to raw/ edited/film related footage/behind the scenes/ costume/properties/film title/script/ lyrics/songs/music/audiol videos/photographs/any material related to the film -titled-"Jwala" or any photographs/videos/footage/audio taken1 made/shot on its set/location with/without its cast/crew during its shoot/pre- production/post production for commercial/ non-commercial purposes on any public platform/ social media, or to any third party.
h) The present Applicant hereby undertakes that he will never distribute1 publish/release/leak/ transfer/ sell/use/ misuse/ upload/ exploit in parts/full any personal information/use her name/ her banner name/ videos/ photographs/ audio/ digital chats1/ communication/ conversation / information / material related to the Respondent No.2 i.e. original complainant/ Intervenor hereby for any commercial/ non-commercial purposes on any public platform/social media, or to any third party.
i) The present Applicant and his relatives/ associates are prohibited to talk anything derogatory or make any comment what so ever regarding Respondent No 2 i.e. Original complainant/ 5/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 ::: P.H. Jayani 34 ABA1684.2023.doc intervenor on a public/non-public platform. They cannot use her name, any of her photographs/ videos/chats/digital communication in any fond information/material/any of her professional credentials/film titles unlimited to film title -Jwala in parts/full in any form related to respondent No.2, i.e. original complainant/ Intervenor/Secondoct Entertainment (OPC) Pvt Ltd, Or any footage/audio/ video/ photographs captured on the sets of her film titled- Jwala shot on its location during shoot/pre-production/post production or any information1 material related to her film - Jwala to share it on any social media/public platforms now or in future till eternity.
j) The present Applicant undertakes hereby that he has cleared/ paid in full and final payments regarding the following I. till the last day of the shoot dated 06.01.2023 of all the cast/crew/equipment/services hired by him.
II. till the final shoot/reshoot/dubbing/release payments of all the actors/artists for the said film project hired by him. III. The Respondent No.2 i.e. original complainant/ intervenor shall not be responsible for (a) any pending payments to any cast/crew/equipment/services hired by the present applicant till 06.01.2023. (b) any payments to any Actors/Artists for future shoot/ reshoot/dubbing/release of the said film titled- "Jwala". (c) three crew members such as Santosh Dada Company make up/hair team and DOP banner Selvam for 10 days work and stunt master/team Iqbal Suleman for one day work in the film for future shoot. The respondent No 2 i.e. original complainant/ intervenor/ Secondoct Entertainment (OPC) Pvt Ltd will only be liable to pay the remaining technicians/crew members not the actors for any future shoot/reshoot dubbing/release etc. The above 3 crew members will be paid if their services exceed over and above their specified above days.
IV. The Present Applicant hereby agreed and declare that they have made payments to all artists whose names are mentioned in 6/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 ::: P.H. Jayani 34 ABA1684.2023.doc the email dated 25th January, 2023 sent by himself to the Respondent No. 2, i.e. original complainant/intervenor and the same includes shooting, re-shooting, dubbing, etc. as required to complete the film "Jwala". It is further undertaken to ensure that confirmations of each such artists shall be sent to Respondent No. 2 i.e original complainant / intervenor via email by them wherein payment receipt/amount as aforementioned and full cooperation/No Objection for the film related work is expressly conceded to.
k) The present Applicant and Respondent No.2 i.e. original complainant1 Intervenor undertakes that they both will not interfere into each other's life in any manner nor they will have any sort of contacts with each other in terms of financial, professional and personal level after quashing of present FIR.
l) The present applicant undertakes that he will not influence/misguide negatively any cast/crew/professional who has worked on the film titled- "Jwala" directly/indirectly against the respondent no 2 i.e original complainant/intervenor in respect of working directly with her on the film project titled- "Jwala" in order to complete/release the said film in future.
m) The present applicant undertakes that the Respondent No.2 i.e. original complainant/ Intervenor/Secondoct Entertainment (OPC) Pvt Ltd is free/has full authority1 ownership/copyright to complete/release the said film project titled- "Jwala" on her own terms/will/discretion as she deem fit. The present applicant will not interfere/bring hurdle/claims in her way/work regarding the completion/release of the said film project titled- "Jwala"
n) The present Applicant and Respondent No.2 i.e. original complainant/ Intervenor undertake to abide all above terms and conditions and same are binding upon each other.
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o) If the present Applicant including his associates don't follow
any of the final terms and conditions mentioned in the court order- present Applicant will be liable to pay the Respondent No.2 i.e. original complainant/ Intervenor/Secondoct Entertainment (OPC) Pvt Ltd compensation/ damages/losses/legal fee to her as per her own will/wishes/discretion as she deem fit and Respondent No.2 i.e. Original complainant/intervenor will be free to take necessary legal action against them.
p) The present Applicant including his associates cannot claim or file for any credits1 claims/damages/compensation /remuneration/law suit against Respondent No.2 i.e. original complainant/ Intervenor/ Secondoct Entertainment (OPC) Pvt Ltd or her film titled-"Jwala".
q) The present Applicant and Original Complainant/ Intervenor are signing the present consent terms without any force, coercion and with best of their knowledge. "
3. Parties are present before the Court. They have stated that the Consent Terms are agreeable to them. Hence, Consent Terms are taken on record and marked as 'X' for identification. Since the dispute is settled amicably and the Respondent No.2 has given her consent to quash the FIR qua the Applicant, in my considered view, this is a fit case to exercise discretion under section 438 of Cr.P.C. Hence, the Application is allowed on the following terms and conditions :-
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(a) In the event of arrest of the Applicant in
C.R.No.329/2023 registered with Oshiwara Police Station, Mumbai, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- with one or two sureties in the like amount ;
(b) The Applicant shall report to the Investigating Officer as and when required ;
(c) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;
(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.
4. The Application for Anticipatory Bail as well as Interim Application stands disposed of in above terms.
(SMT. ANUJA PRABHUDESSAI, J.) 9/9 ::: Uploaded on - 19/07/2023 ::: Downloaded on - 19/07/2023 22:36:36 :::