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Bombay High CourtABA/903/2022disposed off

Anil Vasant Sawant v. State Of Maharashtra

2022-06-29Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 16 ABA 903-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.903 of 2022 Anil Vasant Sawant ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO.1313 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 903 OF 2022 Pramod Gupta and ors ..

Intervenor In the matter between Anil Vasant Sawant Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Sujit B. Shelar for the applicant.

Mr.Ratnish Dubey for the intervenor.

Mrs.Veera Shinde, APP for the State.

PSI Nandkishor Bodare from Kandivli police station. CORAM: BHARATI DANGRE, J.

DATED : 29th JUNE, 2022 P.C:- On 4/4/2022, the complainant was noticed and he is present today.

Tilak

2/2 16 ABA 903-22.doc My attention is invited to the statement made by the learned counsel for the applicant which was recorded in para-4 of the order.

The complainant who is present in the Court through his counsel state that he has chosen the option of taking the flat, since the applicant has made a statement that the project is likely to be completed in 10 months.

The learned counsel for the applicant, on instructions, state that the construction work is now handed over to Brizel Developer. Subject to the undertaking that the construction of the project shall be completed within a period of one year from today and possession of three flats should be handed over to the complainant and he shall also execute the necessary documents/agreements to give legal effect to the transaction between them, the order dated 4/4/2022 is made absolute.

It is, however, made clear that in case of any breach of condition on part of the applicant, the prosecution or the complainant are at liberty to move this Court of seeking cancellation of bail.

In view of the disposal of ABA, IA No.1313/22 do not survive and is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak