Bombay High Court
Deepak S/O. Bansilal Patidar vs The State Of Maharashtra on 9 October, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 1278.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.1278 OF 2019
DEEPAK S/O. BANSILAL PATIDAR
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. R.S.Deshmukh i/b N R Dayama
APP for Respondent : Smt Rashmi Gour
...
CORAM : V.K. JADHAV, J.
Dated: October 09, 2019 ...
PER COURT :-
1. Learned counsel for the alpplicant submits that applicant is the Proprietor of M/s. Royal Digital Cable Network, Barhanpure (M.P). Learned counsel submits that by order dated 15.7.2016 the under Secretary of Government of India, Minister of Information and Broadcasting, New Delhi has granted provisional rgistration in favour of M/s Royal Digital Cable and Communication Pvt. Ltd. for operating as a Multi System Operator (MSO) in the Digital Addressable System (DAS) in the areas in the District of Barhanpur in Madhya Pradesh. Learned counsel submits that by circular dated 27.1.2017 the Government of India through under Secretary has made it clear that if the registrered MSO has operationalized the services in any DAS notifed area(s), in part of the country, it would be treated as having been implemented the service on his part aaa/-
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2 ABA 1278.2019.odt irrespective of the number of the Set Top Boxes (STBs) installed by him and it is also open that all the registered MSOs are free to operate in any parts of the country, irrespective of registration for specifed DAS notifed area(s) granted by the Minister of Information and Broadcasting. Learned cousnel submits that allegations have been made against the local cable network namely Ganesh Cable Network, Anturli, Tq. Muktainagar, District Jalgaon and co-accused Vinayak Patil runs said cable network. The applicant has annexed the said circular and order dated 15.7.2016 as referred above with this aplication. Learned A.P.P. seeks time to take specifc instructions in this regard.
2. On going through the annexures of this application, it also appears that the applicant has paid subscription charges of the paid channels of the 'Zee Network' time to time. Tax invoice annexure 'B' indicates the same. Learned APP is requested to take instructions with regard to it also.
3. Learned counsel for the applicant submits that the informant, who happened to be the representative of 'Zee Entertainment' has not given any opportunity to the applicant to explain about the allegations and directly lodged the complaint. In view of the same, the applicant needs to be protected by aaa/-
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3 ABA 1278.2019.odt interim order of anticipatory bail with further directions to the applicant to co-operate the investigating agency and also to submit his explanation in respect of the allegations made in the complaint as against him. Hence, until further orders, in the event of arrest of the applicant Deepak s/o Bansilal Patidar in connection with Crime No.126 of 2019 registered with Muktainagar Police Station, Muktainagar, District Jalgaon for the ofences punishable under sections 420, 34 of IPC and u/s 37, 51, 63, 65 and 69 of Copy Right Act, he be released on bail on his furnishing P.B. of Rs.5,000/- (Rs. Five Thousand) with one surety of the like amount on the following conditions:-
a) The applicant shall not tamper with the prosecution evidence in any manner.
b) The applicant shall attend the concerned police station once in a week i.e. on every Sunday between 11.00 a.m. to 01.00 p.m. till further orders.
c] The applicant shall also make himself available as and when required by the Investigating Ofcer in carrying out further investigation into the crime, if any.
4. Stand over to 5.11.2019.
( V.K. JADHAV, J. ) ...
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