1 apln3411-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3411 OF 2010 Jagdish D. Sheth. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Milind Gyani, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 04TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant. The applicant is a Chartered Accountant by profession. He is apprehending his arrest in view of the process issued against him by Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai dated 31.10.2009. Thereafter, on 19.7.2010 he applied for the anticipatory bail apprehending his arrest when he is to answer the process issued against him by the Additional Chief Metropolitan Magistrate. The fear of the arrest and the possibility of learned Additional Chief 2 apln3411-10 Metropolitan Magistrate Court not granting the bail is based on the application of Section 467 of IPC which attracts the maximum punishment for life imprisonment. It is submitted that due to this technical hitch, if the person is taken in custody then he will have to remain in custody till the regular bail is granted to him. It is further submitted that infact the cross-cases are lodged by the office bearers of two different companies and he has been implicated in one matter being the Chartered Accountant of one company. 2. Considering the allegations and considering the mater involving crores of rupees and also considering that the initially private complaint was lodged before the concerned Additional Chief Metropolitan Magistrate Court and directions were given to the police under Section 202 of Cr.P.C. and not under Section 156(3) of Cr.P.C., it would be in the fitness of the situation to give protection to the present applicant in the event of his taking in custody by the concerned learned Additional Chief Metropolitan Magistrate. Hence, the order :- 3 apln3411-10 :: O R D E R :: [i] In the event of applicant taken in custody in view of the issuance of the process and as per the directions dated 31.10.2009, he shall be released on bail on his executing a P.R. bond in the sum of Rs. 15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount or on deposit of cash bail for the provisional period of two weeks. [ii] After the presence of the applicant before the concerned learned Additional Chief Metropolitan Magistrate, said Court shall deal with the matter in accordance with law. [ii] Criminal Application No.3411 of 2010 is disposed of accordingly. (A.R.JOSHI,J.) PPD 13.apln3411-10