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Bombay High CourtABA/622/2021disposed off

Firdos Irfan Shaikh v. The State Of Maharashtra

2023-06-27Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

30_aba_622_2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.622 OF 2021 WITH INTERIM APPLICATION NO.1093 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO.622 OF 2021 Firdos Irfan Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. Gaurav Bhawnani for the Applicant.

None for the Intervenor.

Mr. S.H. Yadav, APP for the Respondent-State. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th JUNE, 2023.

P. C. :- 1.

The Applicant seeks pre-arrest bail in C.R. No.95 of 2021 registered with Dharavi Police Station, Mumbai, for the offences punishable under Sections 406, 420, 504 and 506 r/w 34 of the IPC. 2.

The aforesaid crime was registered pursuant to the FIR lodged by Mohd. Yusuf Shaikh. The facts narrated in the FIR prima facie reveal that the Applicant had entered into leave and license agreement with the First Informant. The Applicant had received an amount of Rs.6,00,000/- towards deposit. It is stated that the Megha 1/2

30_aba_622_2021.odt Applicant did not part with the property and there by cheated the First Informant. The Applicant herein had filed an affidavit -cumundertaking to repay the amount to the First Informant as per the schedule mentioned in paragraph 5 of the said affidavit. 3.

Learned counsel for the Applicant states that the entire amount as per the said schedule has been paid to the First Informant and that the parties will file necessary application to compound the offence or to quash the FIR. Learned APP confirms the statement that the Applicant has paid to the Complainant the entire amount as per the schedule.

4.

It is also to be noted that the Applicant was granted interim bail on 08/03/2021. It is stated that the Applicant has cooperated with the investigation and that the charge-sheet has been filed. 5.

Considering the above facts and circumstances, interim bail granted vide order dated 08/03/2021 stands confirmed. 6.

The Anticipatory Bail Application as well as the interim application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2