1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1925 OF 2008 APPLICATION NO.1925 OF 2008 APPLICATION NO.1925 OF 2008 Amir Abbas Rizvi ... Applicant Vs. State of Maharashtra ... Respondent Mr. S.V. Marwadi for the Applicant. Mr. S.S. Pednekar, APP for State. CORAM CORAM CORAM : V.C. DAGA, J : V.C. DAGA, J : V.C. DAGA, J. DATE DATE DATE : 25TH JUNE, 2008 : 25TH JUNE, 2008 : 25TH JUNE, 2008 P.C. P.C. P.C. :- :- :- 1. Heard learned Counsel appearing for the applicant and the learned A.P.P. 2. This application is under Section 438 of Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in C.R. Nos. 6/2007 registered with GBCB CID, Mumbai and C.R. No.13/2007 registered with Versova Police Station, Mumbai for the offence under Sections 406, 420, 468, 471 r/w 34 of the Indian Penal Code on the basis of the complaint filed by Mr. Hussain Ismail Qazi. 2 3. The present applicant is the Director of R.A.L.F. Company. It appears that the dispute in between the complainant and the applicant appears to be a commercial. Notice issued by the complainant to M/s R.A.L.F. Company dated 16th October, 2007 is produced on record wherein the Arbitration agreement dated 7th May, 2007 was invoked. When the matter was referred to and a dispute is sought to be referred to the retired High Court Judge for the arbitration. The Managing Director of the Company is already on bail vide order of learned Sessions Court, Greater Bombay vide order dated 1st February, 2008 that order has not been challenged. The present applicant is the Director of the Company would be entitled for bail on merits. 4. In the above view of the matter, I am inclined to grant pre-arrest bail to the applicant, subject to the following conditions : (a) In the event of arrest of the applicant in connection with above CRs., he shall be released on bail on executing 3 P.R. bond of Rs.1.00 Lac. with one or two sureties to make up the said amount. (b) The applicant shall report to the I.O. as and when called and shall co-operate with the investigating agency. (c) The applicant shall not directly or indirectly make any inducement or threat to pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) This order of anticipatory bail shall operate till the filing of the charge- sheet. After filing of charge- sheet, it would be open for the applicant to apply for regular bail before regular Court. (e) Applicant to surrender his passport with the I.O. and should not leave Mumbai City, without permission of the I.O. (f) It is needless to mention that 4 breach of any of the conditions by the applicant shall result in cancellation of bail. 5. Application stands disposed of accordingly. ( V.C. DAGA, J.) V.C. DAGA, J.) V.C. DAGA, J.)