Bajirao Sadashiv Ghorpade And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 450 OF 2022 Bajirao Sadashiv Ghorpade & Anr.

..Applicants Vs.

The State of Maharashtra & Anr.

..Respondents ---- Mr. Prasad Kulkarni a/w. Mr. Nitesh P. Hinduja, for the Applicant. Mr. S. R. Agarkar, APP for the Respondent / State. Mr. Nitesh Mohite, for the Complainant.

PSI Abhijeet Bhosale, EOW Satara present.

Mr. Dattatray P. Khade Complainant present.

---- MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2022.02.21 17:38:15 +0530 CORAM : C.V. BHADANG, J.

DATE : 21 FEBRUARY 2022 P.C.

.

The Applicant, apprehending arrest, in connection with investigation of Crime No.37/2020 of Police Station Mhaswad, District Satara (transferred to EOW Satara), under Section 406 and 420 r/w. 34 of IPC, is seeking anticipatory bail. 2.

The aforesaid offence is registered on the basis of the complaint lodged by Dr. Dattatray Khade. A perusal of the FIR shows that the same is the outcome of the monetary dispute Mamta Kale page 1 of 3

between the parties. The learned counsel for the Applicant as well as the Complainant today filed an affidavit of the Complainant stating that the parties have amicably settled the dispute and have decided on the schedule of payment as set out in paragraph Nos.5 and 6 of the affidavit. The Respondent - Complainant is personally present before the Court and admits the correctness of the affidavit and the contents thereof. The affidavit is taken on record and marked 'X' for identification.

3.

The parties also submit that a petition is filed for quashing of the FIR which is pending before the Division Bench. 4.

I have heard the learned counsel for the parties. 5.

Considering the nature of the dispute, which is essentially of a monetary nature and the affidavit filed today, the following order is passed.

ORDER

(i) In the event of their arrest, in connection with investigation of Crime No.37/2020 of Police Station Mhaswad, District Satara (transferred to EOW Satara), the Applicants be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

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(ii) The Applicants shall report to the Investigating Officer as and when required and shall cooperate with the Investigation.

(iii) The Criminal Application is disposed of, in the aforesaid terms.

C.V. BHADANG, J.

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