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Bombay High CourtABA/1006/2019others disposed off

Harish Banarsi Madan v. The State Of Maharashtra

2020-03-16Hon'Ble Shri Justice Prakash D. Naik2 pages

Sajakali Jamadar 5-ABA-1006-2019-APPP-892-2019-ABA-1006-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1006 OF 2019 WITH CRIMINAL APPLICATION NO. 892 OF 2019 Harish Banarsi Madan ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPLICATION NO. 892 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1006 OF 2019 Atulkumar Jayantilal Shah ...Applicant

IN THE MATTER BETWEEN :

Harish Banarsi Madan ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Ms. Rosario i/b Mr. Shailsh Kharat, Advocate for the Applicant. Smt. Rutuja Ambekar, APP for the Respondent - State. Mr. Hardik Vyas i/b Mr. Hrishikesh Mundargi, Advocate for Intervenor.

.....

CORAM : PRAKASH D. NAIK, J.

DATE : 16th MARCH, 2020 PC :

1.

Learned counsel for the applicant submits that the balance amount of Rs.3 Lacks is being paid to the respondent by way of Demand Drafts bearing nos. 175/19-20 and 174/19/20 Rs. 2,50,000/- & Rs. 50,000/- issued in the name of Varsha Shah. Demand Drafts are handed over to the counsel representing

Sajakali Jamadar 5-ABA-1006-2019-APPP-892-2019-ABA-1006-2019.doc intervenor. Both the parties submitted that entire amount has been paid to the victim as agreed by both the parties. The application was kept for compliance. In view of the compliance, the previous order stands complied. Learned advocate for the applicant as well as intervenor submitted that in view of the payment of entire amount, the parties would approach the appropriate Court for quashing the proceedings. Hence, interim order can be confirmed.

O R D E R

i) Anticipatory Bail Application No. 1006 of 2019 is allowed;

ii) Interim order dated 25th April, 2019 stands confirmed.

iii) In the event of arrest of applicant in C.R. No. 18 of 2019 registered with Malbar Hill Police Station, Mumbai, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25000/-, with one or two solvent local sureties in the like amount;

iv) Anticipatory Bail Application as well as Criminal Interim application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)