Nikhil Uday Singh v. The State Of Maharashtra

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.12.02 11:12:19 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 84 OF 2019 Nikhil Uday Singh .. Applicant Vs.

The State of Maharashtra & Anr.

.. Respondents .....

Mr. Arjun S. Pawar for the applicant Ms. G.P. Mulekar, APP for the respondent - State .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 1st DECEMBER, 2023 P.C.

1.

Heard Mr. Arjun Pawar for the applicant. None for the contested respondent.

2.

On 13th February 2019, this Court (Coram : Mrs. Mridula Bhatkar, J) had passed the following order :- "

This Application is moved for bail and suspension of sentence imposed by the judgment and order dated 10th November, 2014 passed by the learned Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai in C.C. No.5600064/SS/2014.

2. The learned Counsel for the applicant/accused submitted that the trial Court has awarded compensation of Rs.21,20,000/- to be paid by the applicant/accused to the complainant. The parties have settled the matter for

an amount of Rs.19,20,000/-, as an amount of Rs.2,00,000/- were already paid by the applicant. The learned counsel submitted that out of Rs.19,20,000/-, amount of Rs.11,00,000/- are already paid and now the post dated cheque, i.e., 13 th April, 2019, of the remaining amount of Rs.8,20,000/- is given to the complainant. He submits that the applicant/accused has a good case on merits. The learned counsel for the applicant submitted that the applicant/accused is in jail since 29th January, 2019.

3. The learned counsel for the complainant is present. He confirms the facts and payment made.

4. Learned Prosecutor is present and submits to the orders of the Court.

5. In view of the submissions of the learned Counsel, the Criminal Application is allowed on the following terms:

i) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

ii) The applicant/accused shall make himself available on all the Court dates.

iii) The honouring of cheque of Rs.8,20,000/- is a condition for granting bail, which is going to be honoured on 13th April, 2019. If the cheque is dishonoured, then the applicant/accused shall be taken in custody.

iv) The applicant/accused shall not leave India without prior permission of the Court.

6. Criminal Application stands disposed of accordingly."

3.

Learned Counsel for the applicant invited my attention to the consent terms filed on 13th February 2019 itself. He submits that the matter has been amicably settled and, therefore, prays for disposal of the Revision Application.

4.

In view of the aforesaid facts, the Revision Application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)