1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.2578 OF 2005 CRIMINAL WRIT PETITION NO.2578 OF 2005 CRIMINAL WRIT PETITION NO.2578 OF 2005 Dr.Umesh Marutisa Khade : Petitioner. versus The State of Maharashtra : Respondent. Mr.Manoj Bhatt for the petitioner. Mrs.A.S.Pai, APP, for the State. CORAM : D.G.DESHPANDE & CORAM : D.G.DESHPANDE & CORAM : D.G.DESHPANDE & V.M.KANADE, JJ. V.M.KANADE, JJ. V.M.KANADE, JJ. DATED : 24th November 2005. DATED : 24th November 2005. DATED : 24th November 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. Rule. Returnable forthwith. Heard advocate for the petitioner. The petitioner is facing prosecution in about 28 cases or there are 28 cases that are being investigated at different places all over Maharashtra. He has filed Schedule - Exhibit A and B. As per Schedule Exhibit A he has furnished sureties as ordered by respective courts. But regarding Schedule - Exhibit B he contended that since all of his 2 2 2 moveables and immovables are frozen by the investigating agency and since the cases are at different places, it will be practically impossible for him to furnish sureties as per the orders. We have also heard the learned APP for the State. Primary question is securing presence of the petitioner during investigation and, therefore, in the interest of justice looking to the facts of the case we pass the following order:- :ORDER: It is ordered that in respect of the Special MPID Courts, in which the petitioner has already furnished his sureties in any of the C.Rs. filed under its jurisdiction (where, the petitioner is arrested in the capacity of his being the Director of the said M/s. Kalpavruksha Marketing Pvt. Limited), the petitioner shall be released on execution of his personal bond in rest of such C.Rs., in which he has not yet furnished his sureties irrespective of quantum of surety amount and nature of 3 3 3 the bail orders passed in his favour. It is also ordered that in respect of the Special MPID Courts, in which the petitioner has not yet filed his sureties, the petitioner is directed to furnish a surety of Rs.10,000/- in any one of the C.R. in which bail is granted to him, and once he does so, then in rest of the C.Rs. pertaining to the said M/s.Kalpavruksha Marketing Limited, which may be filed under the jurisdiction of such courts, he shall be released on execution of his personal bond irrespective of the quantum and nature of the bail orders passed in his favour. Petitioner shall co-operate with State CID, for further investigation, if any. The petitioner shall attend the State CID, Konkan Bhavan, Navi Mumbai once in a fortnight. Petition stands disposed of in the above terms. No order as to costs. 4 4 4 [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [V.M.KANADE,J] [V.M.KANADE,J] [V.M.KANADE,J]