Seema Sampat Nikam v. State Of Maharashtra

923-aba1454-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1454 OF 2023 Seema Sampat Nikam ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Shreyas P. Sarsawade for the applicant.

Mr. Amit A. Palkar, APP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :JUNE 22, 2023 P.C.:

1.

Apprehending arrest in connection with C.R. No.14 of 2023 registered with Ravet Police Station, District Pune for the offences punishable under Sections 381, 408, 457, 201 and 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre-arrest bail under Section 438 of the Criminal Procedure Code, 1973. 2.

According to prosecution, the informant is running a gas agency having 16 employees. According to prosecution, co-accused Shravankumar Manju misappropriated the amounts of informant and fled away with a vehicle carrying 30 cylinders and other valuable properties of the informant. According to prosecution, the applicant received amounts from delivery boy but part of the amount was not paid in the account of the informant. 3.

By order dated 8 May 2023, the learned Sessions Judge rejected the application filed by the applicant seeking relief under

923-aba1454-2023.doc Section 438 of the Criminal Procedure Code, 1860. Aggrieved thereby, the applicant has filed present anticipatory bail application.

4.

During the pendency of the present anticipatory bail application, the informant and the applicant have arrived at settlement. The settlement records that the applicant shall pay an amount of Rs.8,50,000/- to the informant and accordingly the applicant has transferred the amount in the account of the informant. A copy of the compromise terms is taken on record and marked "X" for identification.

5.

Considering the nature of allegations and the settlement arrived at between the informant and the applicant, the applicant has made out a case for grant of relief under Section 438 of the Criminal Procedure Code, 1860. Hence, following order: a) In the event of arrest of the applicant in connection with C.R. No.14 of 2023 registered with Ravet Police Station, District Pune for the offences punishable under Sections 381, 408, 457, 201 and 34 of the Indian Penal Code, 1860, he be released on bail on furnishing P.R. Bond in the amount of Rs.25,000/- with one or two sureties in the like amount;

b) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required; 6.

The anticipatory bail application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)