Dr Vivek Rasikraj Wayse v. The State Of Maharashtra

(916)ABA-1304-2022.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1304 OF 2022 Dr.Vivek Rasikraj Wayse ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.Mahesh V. Rawool i/b Avinash Avhad for the Applicant. Mr.B.K. Manghani for Respondent No.2.

Smt.Rutuja Ambekar, APP for the State.

CORAM :

BHARATI DANGRE, J DATE :

20th OCTOBER, 2022.

P.C.

1] The learned counsel for the Applicant has placed on record Affidavit dated 11.10.2022, where he categorically offered to repay the amount received by him to the complainant.

2] Today the consent terms bearing signature of Respondent No.2/ Complainant through his duly constituted by Power of Attorney Mr. Ashok Tahilram Sadarangani are placed before me. The consent terms are signed on 20.10.2022. The Consent Terms are taken on record and marked as X-for identification.

3] The understanding is arrived at between the parties to the effect that the Applicant shall repay to the Investors the amount of Rs.2,95,00,000/- within 9 months as set out in Para 2a of the schedule of payment, being provided. The mode and schedule of payment is also contained in clause b to e of the Consent Terms. 1/2

(916)ABA-1304-2022.doc 4] In the wake of consent terms, since the parties have amicably settled the dispute between themselves, the Applicant deserve protection from arrest as no custodial interrogation is necessary, the investors being satisfied. Hence, following order :

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.102/2022 registered with Khar Police Station, the applicant Dr.Vivek Rasikraj Wayse shall be released on bail on furnishing P.R. bond to the extent of Rs.50,000/- with one or more sureties of the like amount. (c) The Applicant shall abide by the Consent Terms dated 20.10.2022 and failure to abide any of the stipulation shall reserve liberty in the complainant to seek cancellation of anticipatory bail.

(d) The applicant shall report to the concerned police station as and when called for.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

[BHARATI DANGRE, J] 2/2