Amit Gopi Makhija v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1376 OF 2021 Amit Gopi Makhija ... Applicant

Versus

The State of Maharashtra ... Respondent ALONG WITH INTERIM APPLICATION NO. 1559 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO. 1376 OF 2021 Rajesh Talreja ... Applicant

IN THE MATTER BETWEEN :-

Amit Gopi Makhija ... Applicant

Versus

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

Mr. Satyan R. Pille, Advocate for the Applicant in ABA. Mr. H. J. Dedhia, APP for the Respondent - State. Mr. Charan Penthalia, Advocate for the applicant in Interim Application.

.....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

21st JUNE, 2021 PER COURT :

1.

This is second application for anticipatory bail in connection with C.R. No.I-56 of 2021 registered with Hill Line Police Station, Dist. Thane for offences under Sections 420 & 406 of Indian Penal Code (for short "IPC").

2.

The previous application preferred by the applicant for anticipatory bail was rejected by this Court vide order dated 30th March, 2021.

3.

Learned counsel for the applicant submit that there is settlement between the applicant and the complainant. The consent terms executed between the parties are annexed to the intervention application preferred by the complainant.

4.

Learned counsel for the complainant confirmed that there is settlement and consent terms are executed by both the sides. It is submitted that complainant has received an amount of Rs.1,15,000/- and the applicant/accused had agreed to pay balance amount of Rs.4,50,000/- in three equal installments of Rs.1,50,000/- each on 14-08-2021, 14-09-2021 & 14-10-2021.

5.

In view of the consent terms executed between the parties, application can be allowed.

ORDER

(i) Anticipatory Bail Application No.1376 of 2021 is allowed;

(ii) In the event of arrest of the applicant in connection with in connection with C.R. No.I-56 of 2021 registered with Hill Line Police Station, Dist. Thane, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall abide by the consent terms executed between the parties.

(iv) In the event there is breach of conditions of consent terms, complainant/prosecution will be at liberty to prefer an application for cancellation of bail.

(v) Anticipatory Bail Application stands disposed of accordingly. Interim Application No. 1559 of 2021 is disposed of.

(PRAKASH D. NAIK, J.)