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Bombay High CourtIA/136/2023disposed off

Syed Shaheen Akthar Chishti v. The State Of Maharashtra And ANR

2023-04-11Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3344 OF 2022 WITH INTERIM APPLICATION NO.136 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.3344 OF 2022 Mrs. Mahelaka Jamil Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.3346 OF 2022 WITH INTERIM APPLICATION NO.137 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.3346 OF 2022 Saeed Akil Mogul ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.3457 OF 2022 WITH INTERIM APPLICATION NO.138 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.3457 OF 2022 Ms Mahe Irtaka Saeed Mogul ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Ms Sana Raees Khan for the Applicant.

Ms Ruchika Indulkar i/b. Mr. Devendra Avhad for the Intervenor. Mr. S.V. Gavand, APP for Respondent -State 1/3

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 11th APRIL, 2023.

P. C. :- 1.

The Applicants apprehend their arrest in Crime No.83 of 2022 registered with Santacruz Police Station, Mumbai for the offences punishable under Sections 120 B, 406, 420, 465, 467, 468 and 471 r/w. 34 of the IPC.

2.

The aforesaid crime was registered pursuant to the FIR lodged by Sayyad Shahin Akhtar Chishti. Learned counsel for the Applicants and the First Informant state that parties have entered into settlement and they have filed quashing proceedings before the Division Bench of this Court. They have placed on record copy of the consent terms. Learned APP states that there are no other victims other than the First Informant.

3.

Considering that the dispute is of personal nature and that the parties have arrived at settlement and have already sought to quash the FIR, in my considered view this would be a fit case to exercise powers under Section 438 of the Cr.P.C. in favour of the Applicants. Hence, the applications are allowed on the following terms 2/3

and conditions:- (i) In the event of arrest of the Applicants in Crime No.83 of 2022 registered with Santacruz Police Station, Mumbai, the Applicants shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- each with one or two sureties each to the like amount;

(ii) The Applicants shall report to the concerned Investigating Officer as and when required by the Investigating Officer;

(iii) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time.

4.

The Anticipatory Bail Applications as well as the Interim Applications stand disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2023.04.17 19:43:54 +0530 MEGHA S PARAB 3/3