Sayyed Faiz Hasan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1626 OF 2021 Sayyed Faiz Hasan Applicant versus The State of Maharashtra Respondent WITH INTERIM APPLICATION NO.1814 OF 2021 Gautam Sanjaykumar Jhunjhunwala Intervenor In the matter between :

Sayyed Faiz Hasan Applicant versus The State of Maharashtra Respondent Ms.Shweta Agrawal for applicant in ABA.

Mr.Prathamesh Chachad for applicant in IA.

Ms.Veera Shinde, APP, for State.

PSI Tanaji Patil, Vanrai Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 26th July 2021 PC :

1.

This is second application for anticipatory bail in connection with CR No.35 of 2021 registered with Vanrai Police Station for offences under Sections 420, 406, 467, 468, 471 of Indian Penal Code.

2.

The previous application was rejected vide order dated 26th April 2021. The dispute relates to the order being placed by the complainant for purchase of gloves and parting amount of Rs.17.64 lakh.

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Learned counsel for applicant and complainant have jointly submitted that the parties have resolved the dispute and Memorandum of Understanding dated 11th June 2021 is executed between them. The Consent Terms dated 10th June 2021 executed between the parties indicate that part payment is made and further payment is assure by post dated cheques. The complainant has no objection for allowing this application. Hence, I pass following order:

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) In the event of arrest in connection with CR No.35 of 2021 registered with Vanrai Police Station, Mumbai, the applicant be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall comply the Memorandum of Understanding;

(iv) The applicant shall report the Investigating Officer as and when called for;

(v) In the event of breach of undertaking recorded in the Memorandum of Understanding and /or Consent Terms, the complainant will be at liberty to prefer application for cancellation of anticipatory bail.

(PRAKASH D. NAIK, J.) MST