Sitendra Sohanlal Sharma v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 29 OF 2023 Sitendra S. Sharma ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Datta Mane for the Applicant.

Ms Veera Shinde, APP for the Respondent/State. Mr. Vinod Chate i/b M/s. Chate and Associates for the original Complainant.

CORAM

:

N.R. BORKAR, J.

DATE :

28.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.196 of 2022 registered at Kalamboli Police Station, Raigad for the ofences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code.

3.

The allegations against the present applicant are of misappropriation of goods owned by the complainant worth Rs.18,82,230/- which were kept in the Warehouse of the applicant. 4.

The learned counsel for the applicant and the learned counsel for the complainant submits that the parties have settled their dispute amicably. The Consent Terms tendered to that efect are taken on record and marked as "X" for the purpose of identifcation.

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5.

For the ease of reference, the said Consent Terms are scanned and reproduced below:

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6.

In view of amicable settlement of dispute between the parties, which prima facie, appears to be of civil nature, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.196 of 2022 registered at Kalamboli Police Station, Raigad for the ofences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, he be released on bail on executing P.R Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety two sureties in the like amount. [N.R.BORKAR, J.] 8/8