Shaikh Yakub Mohd Hanif v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1088 OF 2019 Shaikh Yakub Mohd Hanif ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.R.H.Patil, for the Applicant.

Ms.Veera Shinde, A.P.P for the Respondent - State. PSI - Sawant, Versova Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 4th JULY, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No.62 of 2018 registered with the Versova Police Station, Mumbai, for the alleged offence punishable under Section 420 of the Indian Penal Code.

2/3 3.

Learned Counsel for the applicant states that the applicant has settled the dispute amicably with the complainant. He submitted that the Respondent No.2/original complainant has also filed an affidavit stating that out of the amount of Rs.5 lakhs, she has received an amount of Rs.4,50,000/-. He further states that the balance amount of Rs.50,000/- has been deposited by the applicant in this Court and that the applicant has no objection if the said amount is withdrawn by the complainant. Learned Counsel states that the parties have also filed a petition before the Division Bench of this Court, for quashing of the case, in view of the amicable settlement between the parties.

4.

Considering the aforesaid and in view of the amicable settlement between the parties, the custody of the applicant is not warranted. The application is accordingly allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;

3/3 (ii) The applicant shall report to the Investigating Officer of the concerned Police Station, as and when called. 5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.