Haresh Madhusudan Manek v. The State Of Maharashtra

rpa 1/3 21 aba 598 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.598 OF 2021 WITH INTERIM APPLICATION NO.1044 OF 2021 Haresh Madhusudan Manek .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.P.K. Sanghrajka a/w. Mr.S.R. Samel, Advocate for the Applicant.

Mr.Abhishek Salian a/w. Mr.Shubham Mhatre i/b. M/s.Vidhi Partners, Advocate for Applicant in IA.

Ms.Anamika Malhotra, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 22, 2021.

P.C. :

The applicant is seeking anticipatory bail in connection with C.R.No.330 of 2020, registered with Marine Drive Police Station, Mumbai, on 27th June, 2020, under Sections 409 and 420 of Indian Penal Code ("IPC", for short). The Digitally signed by RajeP. Aher Date:

2021.03.24 15:29:30 +0530 RajeP.

Aher investigation was thereafter transferred to E.O.W. vide C.R.No.15 of 2020.

The FIR is lodged by one Bhavik Bhimjiyani. The gist

rpa 2/3 21 aba 598 2021.doc of the FIR is that the applicant was appointed as Director. He misused his position and entered into transactions with various farmers. The documents were executed by him purportedly on behalf of the company. However, the lands were never transferred in the name of the company, and, therefore the company was put to huge losses.

It is submitted by advocate appearing for both the sides that the dispute has been resolved. They have executed consent terms. It is submitted that the petition for quashing the FIR has been fled before the appropriate Court on the ground of settlement. The Consent Terms are taken on record and marked "X", for identifcation. Hence, the interim order granted by this Court can be confrmed.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.598 of 2021, is allowed;

(ii) In the event of arrest of the applicant in connection with C.R.No.15 of 2020, registered with E.O.W. General Cheating-I, Mumbai (Old C.R.No.330 of

rpa 3/3 21 aba 598 2021.doc 2020, registered with Marine Drive Police Station, Mumbai), the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Anticipatory Bail Application No.598 of 2021, stands disposed of accordingly;

(iv) Interim Application No.1044 of 2021, is disposed of.

(PRAKASH D. NAIK, J.)