IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.763 OF 2009 Manoj Agarwal ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri P.M. Pradhan for Applicant Shri S.R. Shinde, APP for State ---- CORAM: V.M. KANADE J. DATED 13TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is an application for bail. 3. The Applicant was arrested by the Andheri Police Station, pursuant to the warrant of arrest which was issued by the Chief Metropolitan Magistrate, Aligarh, Uttar Pradesh and he was remanded to the police custody and the warrant transit remand was granted till 13.2.2009. The Applicant is an employee of Apollo Hospital. A complaint is filed by one Dr. Manishkumar in the Chief Metropolitan Magistrate Court at Aligarh for the offence punishable under sections 406, 420,506 of the Indian Penal Code. 4. It is alleged that the Applicant had entered into an agreement with Apollo Hospital and had paid an amount of Rs.20,00,000/- towards the licence fees and he was given a right to use the mark as more particularly described in the said agreement. There was some dispute between the Apollo Hospital and the said Complainant and, thereafter, the present complaint has been filed. 5. A petition is filed in the Allahabad Court under section 482 of the Criminal Procedure Code by the present Applicant and the Allahabad High Court has stayed further proceedings of the criminal case. Letter to that effect has been written by the advocate of the Applicant dated 12.2.2009. It is submitted that the Applicant may be granted temporary transit bail. It is submitted that the Applicant shall undertake to remain present before the Chief Judicial Magistrate, Aligarh after the stay granted by the Allahabad High Court is vacated and/or filing an appropriate application before the Sessions Court at Aligarh or before the High Court of Allahabad. 6. The learned APP for the State, on instructions from the officer of Andheri Police Station submits that since the criminal case has been stayed by the Allahabad High Court, the Applicant may be released on bail. 7. Without expressing any opinion on the merits of the case, since prima facie the criminal case itself appears that the petition has been filed in the Allahabad High Court as is evident from the xerox copy of the application and the letter sent by Advocate Pratik J. Nagar and in view of the undertaking given by the Applicant, the Applicant be released on bail in a sum of Rs.3,000/- with one or two sureties in the like amount. The Applicant shall initially furnish cash bail and, thereafter, within one week shall furnish the sureties as directed by this Court. 8 The Applicant shall file an undertaking in this Court that he shall remain present before the Chief Metropolitan Magistrate after the proceedings in the High Court are over. The said undertaking is to be filed within one week from today. It is clarified that this is a temporary transit bail granted by this Court to the Applicant in order to enable him to approach to the competent Court in Allahabad. 9. Application is disposed of. V.M. KANADE J.