LAWS(BOM)-2018-4-36

NAVNIT K MEHTA Vs. STATE OF MAHARASHTRA

Decided On April 13, 2018
Navnit K Mehta Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Order dated 9.2.2015 passed in ABA NO. 304/2015 by the learned Additional Sessions Judge, Greater Mumbai, granting prearrest bail to the respondent Deepak K. Doshi is under challenge in all the above petitions.

(2.) The petitioner, Mr. Navnit K. Mehta in W.P. No.1607/2015 is the original complainant in CC No.99/SW/2014 filed against respondent No.2 Deepak K. Doshi (hereinafter referred to as "Respondent" for brevity) and five other accused persons for an offence punishable under Sections 109, 406, 418, 420, 464, 465, 467, 468, 471, 474, 477(A) read with 34 and 120(B) of the Indian Penal Code and under Sections 66D, 72A, 84G and 85 of the Information Technology Act, 2000. The learned Metropolitan Magistrate, 49th Court at Vikhroli, Mumbai was pleased to issue an Order of 'process' dated 6.5.2014 against the accused persons therein including the Respondent. By further Order dated 13.5.2014, the learned Magistrate was pleased to issue summons against the Respondent. That, Respondent thereafter appeared before the concerned Magistrate and filed an application under Section 437 of the Cr.P.C. for bail which was allowed by the concerned Court by its order dated 19.7.2014.

(3.) The Respondent thereafter filed applications for exemption from attending the Trial Court on various dates on the ground that he had complied with the bail formalities and his presence on each and every occasion is not necessary. The learned Magistrate has allowed the said applications.