9911796707
TMI Blog2017 (5) TMI 1755X X X X Extracts X X X X X X X X Extracts X X X X ..... a clean breast of the fact that at the instance of the wife of the third respondent, he has deleted the offending URLs from the website of www.youtube.com in the course of his official business. As the allegations made in the complaint relate to the said incident, the grant of bail would only facilitate the Investigating Agency to expedite the investigation - No doubt there are allegations of criminal intimidation and extortion, but solely on account of the said allegations, the police machinery cannot be allowed to intermeddle with the liberties of the petitioner on the guise of conducting investigation into the allegations made against the petitioner. On evaluating the entire material available on record, this Court is of the view th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated that during the said period, the said Mrs.Poonam Bhagat Shroff informed the petitioner about the ongoing divorce petition between her and the third respondent. According to the petitioner, and hence, the third respondent taking note of the fact that the petitioner did work for Mrs.Poonam Bhagat Shroff has filed a false complaint before the learned Magistrate in C.C.No.70/SW/2017 making various imaginary allegations which are no wayconnected to the petitioner. It is further stated that the Metropolitan Magistrate 32nd Court at Bandra, Mumbai vide order dated 16.3.2017 has directed the respondent No.1 i.e., Kherwadi Police Station, Mumbai to register a F.I.R. under sections 384, 506(II), 504 and 120B of Indian Penal Code and section 66 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been committed and is to be enquired into and tried but also the High Court or the Court of Sessions where a person has reason to believe that he may be arrested in connection with the commission of non-bailable offence. In the aforesaid decisions the High Court of Karnataka and the High Court of Delhi have considered the decisions rendered by various other High Courts on the subject and have held that the jurisdiction relating to cognizance of an offence and that of granting of bail are entirely different. Bails are against arrest and detention. Therefore, the appropriate court within whose jurisdiction the arrest takes place or is apprehended or is contemplated will also have jurisdiction to grant bail to the person concerned. The pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... event harassment, humiliation and unjustified detention of the petitioner. 5. Hence, dispensing with the notice to the respondent No.3, the petition is allowed with the following order: (i) In the event of the arrest of the petitioner by respondent Nos.1 and 2 or by whomsoever concerned in regard to MECR No.1/2017 registered at Kherwadi Police Station, Bhandra East for the offences under sections 384, 504, 506(II), 120-B of Indian Penal Code and section 66 of the Information Technology Act, 2000, the petitioner shall be enlarged on bail on obtaining abond for ₹ 3,00,000/- with one surety for the likesum to the satisfaction of the concerned (ii) In order to expedite the investigation, the petitioner is directed to appear befor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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