IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.2043 OF 2022
Dharmesh Devendra Jain,
Age: 41 years; Occ: Business,
Residing at605, Alkapuri Apartment, Akruli Cross Road, Opp. Kalpataru
tower, Kandivali, Mumbai. …Applicant/Accused
V/s.
State of Maharashtra ( Through, Sr. Inspector of Police, Kandivali police station). ….Respondent.
Ld. Advocate Ashok Yadav for the Applicant/ Accused.
Ld. Advocate Rohit Singh for intervener.
Ld.APP Smt. Usha Jadhav for the State.
CORAM: H.H.THE ADDITIONAL SESSIONS JUDGE SHRI N.L.KALE (C.R.NO.14) DATE : 3rd January, 2023.
O R D E R
This is an application u/s.438 of the Criminal Procedure Code 1973 filed by the applicant for seeking Anticipatory Bail in C.R.No. 1394/2022, registered at Kandivali police station, for the offences punishable under sections 420, 465, 468 & 471 of the Indian Penal Code, 1860 r/w Section 51 & 63 of Copyrights Act 1957. Brief facts which gives rise to file the present application are as under:
2.That, the complainant Subhash Jaiswal is working as Chief Investigative Officer in S.G.S.I.P.R. consultancy Company. Asian Paints Ltd. Company has authorised the complainant’s Company to take action and to find out any infringement of copyrights of their products. Accordingly, complainant has given a training by Asian Paints Company for the same. On 11/11/2022 the complainant, police staff, panchas raided Bhavani Paints Shop situated at Akansha Arked, Trikamdas Road, Kandivali (West). They raided the said shop as an information was received to the complainant that bogus and duplicate sell of products of Asian Paints Company is going on in the said shop.
3.When the complainant, police and panchas raided the said shop at that time, person namely Dharmesh Jain (Applicant) was present on a counter of said shop. Raiding party informed the purpose of their visit to the applicant. In search of said shop they found cans containing Asian Paints colour. Logo present on said cans was different one. So also a font of sticker/words on those cans is different one than original font. It was also noticed that, Bar Code present on those cans was destroyed. Hence, complainant come to conclusion that, the contains in those cans were not of Asian Paints Company but, the said paint was duplicate one. In said raid police seized muddemal amounting to Rs.7,17,540/i.e. duplicate products of Asian Paints Ltd. Company. The said muddemal kept by this accused for the purpose of selling to customers.
4.Therefore, a complainant lodged report with police on the basis of which the present crime is registered against the applicant and other coaccused persons.
5.Now, by filing this application, the accused claiming prearrest bail for them. According to them, they are no concerned with alleged duplicate seized muddemal. According to them, they have purchased the same from other retailer for Asian Paints etc. They further alleged that, they have not destroyed Bar Code present on seized muddemal. They are ready to cooperate to investigation and now nothing is to be seized from them.
6.This application is strongly resisted by the prosecution by filing reply vide Exh. 2. According to prosecution, offences alleged are serious and heavy quantity of duplicate muddemal of Asian Paints product is found in possession of the accused. Prosecution further contained that, the applicant deliberately destroyed/ tampered Bar Code present on those boxes and cans. According to prosecution, for detail investigation, custodial interrogation of the applicant is necessary.
7.In this matter, intervener(Org. complainant) is appeared and he also strongly resisted the prayer by filing written objection vide Exh.3.According to him, offences alleged against both the applicant is serious. The applicant fabricated, forged and erased Bar Code on seized muddemal with an intention to destroy the evidence only. He prays to reject the prayer.
8.Heard Ld. Advocate appearing for the applicant and Ld. APP Smt. Jadhav and Ld. Advocate for original complainant. Perused written objection filed by original complainant.
9. Ld. advocate of the applicant relied upon an order dated 22/12/2022 passed in ABA No. 2029 of 2022 filed by coaccused Ramsurat Gupta. By the said order, one of the coaccused is released on anticipatory bail by this Court itself. Ld. advocate for applicant submitted to grant prearrest bail to him on a ground of parity.
10.It is a fact that, investigation in this matter is going on. But, on perusal of an order in ABA No.2029 of 2022 it reveals that, one of the coaccused in this crime in whose possession similar kind of muddemal was found is released on anticipatory bail by this Court itself. In that order, specific findings are recorded to effect that, already disputed muddemal is recovered and custodial interrogation of the said applicant is not necessary. From the said order, it further appears that other coaccused in this crime is also released on anticipatory bail by an order in ABA No. 1990 of 2022. Thus, it appears that, other coaccused in this crime against whom similar charges are levelled have been released on prearrest bail. The case of present applicant and those coaccused, to whom anticipatory bail has been granted stands on same footings. In a result, the applicant is entitled for prearrest bail on a ground of parity.
11.Considering the above facts and also considering the fact that, already muddemal in this crime is recovered, I am of the view that, this is a fit case in which discretion can be used in favour of the applicant. Hence, I pass following order.
ORDER
1.Anticipatory Bail Application No.2043/2022 is allowed.
2.The applicant Dharmesh Devendra Jain, be released on anticipatory bail on executing personal bond in the sum of Rs.20,000/ (Twenty Thousand Rupees Only) with one or two sureties in the like amount, in the event of his arrest in Crime No.1394/2022 registered with Kandivali Police Station for the offence punishable under Sections 420, 465, 468 and 471 of I.P.C. r/w Section 51 and 63 of Copyrights Act, on the following conditions: (i) He shall attend police station twice a month i.e. on1st and15th day of month till filing of chargesheet.
(ii) He shall cooperate with the Investigation Officer.
(iii) He shall not tamper with the prosecution evidence.
(iv) He shall not travel abroad without previous permission of the Investigation Officer during investigation and after filing of chargesheet of the learned Metropolitan Magistrate.
(v) He shall remain present on the day of filing of chargesheet, if any, filed in the court of Magistrate.
3.Inform the concerned Police Station, accordingly.
4.Anticipatory Bail Application No.2043/2022 stands disposed of, accordingly.
(Order pronounced in open Court) Digitally signed by NISHIKANT LALCHAND KALE Date: 2023.01.03 16:12:03 +0530 Date: 03.01.2023 (N.L.KALE) THE ADDL.SESSIONS JUDGE CITY CIVIL & SESSIONS COURT, BORIVALI DIVISION, DINDOSHI Order dictated on Computer : 29.12.2022 Order typed on : 03.01.2023 Checked, corrected & Signed on : 03.01.2023 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE Ms. S.S.Chudji AND TIME : 03/01/2023 at 04.15 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri N. L. Kale (Court Room No.14) Date of Pronouncement of Judgment/Order 03/01/2023 Judgment/Order signed by P.O. on 03/01/2023 Judgment/Order uploaded on 03/01/2023