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2013 Supreme(Bom) 701

A.H.JOSHI
Subhash Birdichand Patni – Appellant
Versus
Deepak Uttamchand Jain – Respondent


Advocates Appeared:
For the Applicant:Vijay Badgujar with Prakash Mishra i/b Singania legal Services, Advocates.
For the Respondents:R1 to R3, Sandeep Ketane, Advocate, S.A. Shaikh, APP.

Judgment :

1. These two applications are moved by the original complainant for cancellation of bail.

2. The accused persons, respondents in criminal application No.668 of 2011, are Deepak Uttamchand Jain, his wife Mrs. Santosh and son of Deepak.

3. Respondent in application No.358 of 2012 Mr. Ramchandra Murthy, is a practicing Chartered Accountant. He had audited the balance sheets of Skylite Switchgear Pvt. Ltd. for various years and had furnished auditor's report.

4. The order of grant of anticipatory bail under challenge in these two applications are passed by two different Sessions judges.

5. In these two applications the First Information Report, the point involved, the submissions advanced and documents to be referred are one and the same. In view of all these common factors both these applications are decided by this common judgment.

6. Heard respective Advocates at length, and perused the record annexed and tendered.

7. The commission of offence under sections 465, 467, 468, 474, 406, 420 read with section 34 of IPC is described in the FIR and during oral submissions in following brief summary :-

(a) A petition was filed by the complainant and his family members before Com



























































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