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Bombay High CourtABA/1136/2021allowed to be withdrawn

Vasant Janardhan Aher v. The State Of Maharashtra

2021-08-10Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 13 ABA-1136.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1136 OF 2021 Vasant Janardhan Aher ..

Applicant Vs.

The State of Maharashtra ..

Respondent ALONG WITH INTERIM APPLICATION NO.1673 OF 2021 Pratibha Prakash Sankpal ..

Applicant Vs.

The State of Maharashtra ..

Respondent ...

Mr. Mallika A. Ingale for the Applicant.

Mr. Vishwajeet Mohite for the Intervenor.

Mr. A.R. Kapadnis, A.P.P. for the State.

Mr. S.J. Kadam, PSI attached to Hinjwadi Police Station, is present in the Court.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 10TH AUGUST, 2021.

2/3 13 ABA-1136.21.odt P.C:- 1.

The Applicants were admitted to interim protection on 19/05/2021 and, on 19/07/2021, the Complainant and the Applicant conveyed to the Court that they have arrived at an agreement, where they agreed to honour the terms and conditions of the Agreement dated 12/07/2017 qua Flat No.402 (situated on the 4th Floor of Neha Apartment). The dispute, however, still prevails with regard to Flat Nos.101 and 201. 2.

Learned counsel for the Applicant, on being confronted with the two agreements placed on record at pages 96 and 104, accepting that the amounts have been received towards Flat Nos.101 and 201 respectively, states that she is desirous of withdrawing the Application, without any opinion being expressed on the merits of the matter. She states that since the interim protection was operating in favour of the Applicant from 19/05/2021, that protection may be continued and the Applicant shall surrender before the Investigating Officer on or before 15/08/2021 at 10.00 a.m.

3.

The said statement is accepted. In case of his failure to surrender, the Investigating Officer is at liberty to effect the arrest.

4.

Needless to state that the observations made in the interim

3/3 13 ABA-1136.21.odt order were merely an expression of opinion on the prima facie view of the matter and is not demonstrative of the complacency of the Applicant in the present C.R. The Application is disposed of as withdrawn.

5.

In view of the withdrawal of the Anticipatory Bail Application, the Interim Application does not survive and is disposed of as such.

[SMT. BHARATI DANGRE, J.]