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Bombay High CourtABA/919/2018others disposed off

Priyekumar Shah And ANR v. The State Of Maharashtra

2018-08-09Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.919-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 919 OF 2018 Priyenkumar Shah & Anr ..Applicants Vs The State of Maharashtra & Anr ..Respondents ----- Mr. Kushal Mor for applicant.

Mr. Ameet Palkar, APP for State.

Ms. Shabnam Salmani for respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 9th August 2018.

P.C.:

1] The learned counsel for the applicants submitted that, the parties herein have amicably settled the matter and have entered into consent terms. He tendered the consent terms dated 9th August 2018. The said consent terms are duly signed by the applicants and the respondent No.2 and their signatures have been identified by their respective Advocates. The said consent terms are taken on record and marked "X" for identification.

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aba.919-2018.doc 2] The undertakings mentioned in the consent terms are accepted as undertakings given to this Court. A specific schedule has been given by the applicants in the said undertaking for deposit of the amount is also accepted. It is made clear that, if the applicants fail to make payment on stipulated dates to the respondent No.2, the pre-arrest bail granted to the applicants shall stand cancelled without further reference to this Court. It is also made clear that, the period for payment of amount mentioned in para3 of the consent terms shall not be extended on any count and the default in making payment will attract cancellation of pre-arrest bail granted to the applicants.

3] In view of the consent terms filed by the parties inter-se, interim relief granted by Order dated 3rd May 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived. 4] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2