Deepak Chandwani vs The State Of Madhya Pradesh
2021 Latest Caselaw 6933 MP

                                                           1                        MCRC-44266-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-44266-2021
                                      (DEEPAK CHANDWANI Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 27-10-2021
                              Shri Anil Khare, learned senior counsel with Shri Priyank Agrawal,

                      learned counsel for the applicant.
                              Shri Akhilendra Singh, learned G. A. for the respondent/ State.

Case diary is available with the learned G.A.

With consent, heard finally.

This is the first application filed under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.568/2021 registered at Police Station Kotwali, Jabalpur Distt. Jabalpur f o r commission of offences punishable under Sections 420, 273, 482, 486 read with Section 34 of IPC as well as under Sections 51, 63 and 68 of the Copyright Act, 1957.

Cas e of prosecution, in brief, is that the applicant along with co- accused Prakash Chandwani was found selling/distributing unauthorisedly fake product tea leaf in the name of Hindustan Unilever Company's Brook

Bond Red Label Tea and used the brand logo of the above company.

Learned senior counsel for the applicant submits that no case under Sections 51, 63, 68 of the Copyright Act, 1957 is made out against the applicant as the alleged act does not come under the purview of Section 13 of the said Act. In support of his contention, learned senior counsel for the applicant has placed reliance upon the judgment of this Court in the case of Kasimali & another Vs. State of M.P. & another, I.L.R.(2016) M.P. 2624. Learned senior counsel for the applicant further submits that as no one has made complaint against the applicant with regard to cheating, therefore, offence under Section 420 of IPC is also not made out. Rest of the offences alleged against the applicant are bailable in nature. Shashwat Trader from where alleged fake tea is said to be seized is neither owned by Signature Not SAN Verified the applicant nor in possession of the applicant. In the report of State Food Digitally signed by TULSA SINGH Date: 2021.10.27 17:51:32 IST 2 MCRC-44266-2021 Testing Laboratory, fake tea leaf was not found sub-standard. There is nothing on record which indicates involvement of the applicant in the crime, therefore, no case is made out against the applicant. Hence, prayer is made to enlarge the applicant on anticipatory bail.

Per-Contra, learned counsel for the respondent/State opposes the

prayer for grant of anticipatory bail to the applicant and submits that the allegations made against him are of serious in nature, therefore, he is not entitled to get the benefit of anticipatory bail.

Having considered the rival submissions of learned counsel for the parties specially the submissions made by learned senior counsel for the applicant with regard to non-applicability of the provisions of the Copyright Act and also considering the other facts and circumstances of the case, this Court is of the considered view that it is a fit case for grant of anticipatory bail to the applicant. Hence, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that in the event of arrest of the applicant, he shall be enlarged on anticipatory bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

                                                                     (SATYENDRA KUMAR SINGH)
                                                                              JUDGE

                      ts




Signature
 SAN      Not
Verified

Digitally signed by
TULSA SINGH
Date: 2021.10.27
17:51:32 IST