Ramesh Piraji Awasarmal v. The State Of Maharashtra

SANTOSH SUBHASH KULKARNI 43-ABA1125-2023 SPM.DOC SANTOSH SUBHASH KULKARNI Date: 2024.01.20 13:14:37 +0530 Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1125 OF 2023 Ramesh Piraji Awasarmal ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Akhilesh Jaiswal, i/b Advait Shukla, for the Applicant. Mr. S. H. Yadav, APP for the State/Respondent. Mr. Pawan Pandey, for the First Informant.

API P. G. Ghagare, Kharghar Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

16th OCTOBER, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the applicant submits that the applicant and the first informant have amicably resolved the dispute.

3.

The learned Counsel for the parties seek leave to tender the Consent Terms.

Leave granted.

4.

The first informant and the applicant are present before the Court. They admit the contents of the Consent Terms and execution thereof. The Investigating Officer confirms that Mr. Pawan Hariharnath Pandey, who is present before the Court, is the first informant.

1/2 The order corrected as per order dated 19th January, 2024.

43-ABA1125-2023 SPM.DOC 5.

The first informant admits that a Demand Draft in the sum of Rs.25,00,000/- is delivered to him.

6.

In view of the aforesaid statement, the Consent Terms are taken on record and marked "X".

7.

The parties seem to have, inter alia, agreed for the refund of the consideration alongwith compensation. It seems parties have worked out a comprehensive settlement. Even otherwise, the genesis of the offences appears to be in a dispute arising out of a contract for sale of a flat. Thus, the custodial interrogation of the applicant does not seem to be warranted for investigation. I am, therefore, inclined to exercise the discretion in favour of the applicant. 8.

In the event of the arrest of the Applicant- Ramesh Piraji Awasarmal in connection with C.R. No. 69 of 2023 registered with Kharghar Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/-with one or two sureties in the like amount. 9.

The applicant shall cooperate with the investigation and report to the Investigating Officer as and when directed. 10.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2 The order corrected as per order dated 19th January, 2024.