Shanas Salim Khan @ Haque Shanas Salim Khan v. The State Of Maharashtra
JAYARAJAN ANJAKULATH NAIR Date: 2022.06.24 10:43:34 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 08 ABA-57.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.57 OF 2022 Shanas Salim Khan @ Haque Shanas Salim Khan ] ] ... Applicant Vs.
The State of Maharashtra ] ... Respondent ...
Mr. Babita P. Pandey for the applicant.
Ms. A.A. Takalkar, A.P.P. for the State.
Mr. Suresh Palyekar, PSI attached to MIDC Police Station is present in the court.
...
CORAM
: SMT. BHARATI DANGRE, J.
DATED : 23RD JUNE, 2022.
P.C.:- 1.
Pursuant to the statement made on the last date of hearing, learned counsel for the applicant has placed on record the consent terms, signed by the informant and the applicant on 20/04/2022.
2.
The terms record that the applicant shall pay a sum of
2/3 08 ABA-57.22.odt Rs.5,50,000/- to the informant within next five months towards full and final settlement. It was also stated that a sum of Rs.1,50,000/- was already deposited by accused No.1 and the complainant is permitted to withdraw the same. As far as the remaining Rs.4,00,000/- is concerned, it is undertaken to be made over to her in five trenches, each comprising of Rs.80,000/-. The informant, thereafter, has undertaken that she shall take appropriate steps for quashing of the FIR. The consent terms are taken on record and marked 'X' for identification. 3.
In furtherance thereof, the Investigating Officer has recorded the statement of the complainant on 14/06/2022 and the consent terms are also tendered to the Investigating Officer. The complainant, in her statement, has stated that on an assurance that an amount of Rs.4,00,000/- will be paid to her in installments, the consent terms are signed by her. 4.
In the wake of the above, the applicant deserves to be released on bail subject to the stipulation that the parties shall approach the competent court for quashing of the FIR. Hence the following order:
ORDER
(a) In the event of arrest, the applicant - Shanas Salim Khan @ Haque Shanas Salim Khan
3/3 08 ABA-57.22.odt shall be released on bail in C.R. No.946 of 2021 registered with MIDC Police Station, District Mumbai on executing P.R. bond to the extent of Rs.25,000/- and furnishing one or two sureties of the like amount.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence.
(c) The applicant shall report to the MIDC Police Station, Mumbai and and when called for.
5.
The application is disposed off in the aforestated terms. 6.
All parties are directed to act on the downloaded copy of the order supplied by the Advocate under his seal and signature. 7.
Needless to state that observation are prima facie in nature and only restricted to the decision of the bail application. [SMT. BHARATI DANGRE, J.]