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CORAM : SARANG V. KOTWAL, J
DATED : 21st MAY, 2019.
1) The applicant is seeking anticipatory bail in
connection with C.R. No. I-70 of 2019 registered at Kamothe
Police Station on 30-04-2019 under Section 324, 144, 147, 148,
149 of the Indian Penal Code and under Section 37 (1) C and 135
of the Maharashtra Police Act. During investigation even Section
307 of the Indian Penal Code is added.
Mr. J. P. Yagnik, APP for the Respondent – State.
CORAM : SARANG V. KOTWAL, J
DATED : 21st MAY, 2019.
1) The applicant is apprehending his arrest and therefore
seeking Anticipatory bail in connection with C.R. No. 96 of 2019
registered at Nigadi Police Station, District Pune under Sections
406, 420, 465, 467, 468, 469, 471 of IPC.
2) The applicant’s Anticipatory Bail Application was rejected
by the Additional Sessions Judge Pune, vide his order dated
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07.05.2019. Further, the ad-interim protection which was granted
to him was extended till 20.05.2019. Today when matter was
called out the investigating officer is not present to give
instructions to the Learned APP. The order passed by the Sessions
Court also indicates that the investigating officer was not present
before that Court during the hearing of the Anticipatory Bail
Application. To put it mildly, the attitude of investigating officer
is not proper. However, to give one more chance to the
investigating officer, to remain present with the investigating
papers, the matter is adjourned to 27.05.2019. The interim
protection granted by Additional Sessions Judge, Pune is
extended till 27.05.2019. It is made clear that if the investigating
officer does not remain present before this Court then the Court
may consider taking stern action against the investigating officer.
2. The interim order shall operate till 14/06/2019.
3. Stand over to 14/06/2019.
(SARANG V. KOTWAL, J.)
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1. The Applicant is seeking he anticipatory bail in
connection with C.R.No.180/19 Waliv Police Station, District-
Palghar u/s 420, 465, 467, 468, 471 r/w 34 of the Indian
Penal code and u/s 3 and 4 of the MPID Act, 1999 and u/s 3,
4 and 13 of MOFA Act, 1963.
2. At the very outset the learned Counsel for the
Applicant submitted that the applicant’s Anticipatory Bail
Application No.352/19 is pending before the learned
Additional Sessions Judge-1, Vasai. Ad-interim prayer for
anticipatory bail was rejected by the learned Additional
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Sessions Judge vide his order dated 08/04/2019 and since the
matter was getting adjourned from time to time, the applicant
approached this Court for relief of anticipatory bail. This court
(Coram: R.I. Chagla, J.) vide order dated 08/05/2019 granted
interim protection to the applicant till today. The learned
Counsel for the Applicant submits that the interim protection
granted by this Court earlier vide order dated 08/05/2019 be
further extended, so that in case of any adverse order passed
by the Sessions Court, he can approach this Court on merits.
1. Heard the Learned Advocates appearing for the parties and the following Order
is passed, by consent :-
i. Leave under Clause XIV of the Letters Patent Act is granted.
ii. The above Suit is decreed in terms of prayer Clauses (a), (b) and (c), which are
reproduced hereunder :
(a) the Defendant by itself, its directors, servants, agents, stockists,
distributors, dealers and all persons claiming through it be restrained by an
order and perpetual injunction of this Hon’ble Court from infringing the
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Plaintiff’s copyright subsisting in the artistic work comprised in the said artistic
packaging /trade dress at Exhibit “C” hereto by reproducing, printing,
publishing, using and/or communicating to the public the impugned
packaging /trade dress at Exhibit “H” hereto or any other work / packaging /
trade dress which is an imitation and/or reproduction of the artistic work
comprised in the Plaintiff’s said artistic packaging /trade dress at Exhibit “C”
hereto or substantial part thereof or in any other manner whatsoever.
1. On 14th May, 2019, this Court passed the following order :
1. The learned Advocate appearing for the Plaintiffs on instructions states
that the Proprietor of the Defendant has phoned the representative of the
Plaintiff and informed him that he needs a week’s time to attend this Court. In
view thereof, place the above Notice of Motion on 21st May, 2019, when the
Proprietor of the Defendant shall remain present in Court by himself and / or
through his Advocate, failing which the Court shall proceed to pass necessary
orders including issuing a warrant of arrest against him.
2. Stand over to 21st May, 2019 in Chambers. In the meantime, the
earlier ad-interim order shall continue.”