Vivek Kumar Chandra v. The State Of Maharashtra
1/6 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1100 OF 2019 Faisal Naim Khan WITH CRIMINAL APPLICATION NO.821 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1100 OF 2019 Mamta Lulla, Partner of Magna Vision ...Applicant/Intervener
IN THE MATTER BETWEEN
Faisal Naim Khan WITH ANTICIPATORY BAIL APPLICATION NO.1101 OF 2019 Neeraj Kumar Gupta WITH CRIMINAL APPLICATION NO.822 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1101 OF 2019 Mamta Lulla, Partner of Magna Vision ...Applicant/Intervener
IN THE MATTER BETWEEN
Neeraj Kumar Gupta
2/6 WITH ANTICIPATORY BAIL APPLICATION NO.1102 OF 2019 Parveez Ahmed WITH CRIMINAL APPLICATION NO.823 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1102 OF 2019 Mamta Lulla, Partner of Magna Vision ...Applicant/Intervener
IN THE MATTER BETWEEN
Parveez Ahmed WITH ANTICIPATORY BAIL APPLICATION NO.1103 OF 2019 Vivek Kumar Chandra WITH CRIMINAL APPLICATION NO.824 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1103 OF 2019 Mamta Lulla, Partner of Magna Vision ...Applicant/Intervener
IN THE MATTER BETWEEN
3/6 Vivek Kumar Chandra Mr.Rishi Bhuta a/wMr.Anurag Ghag, Mr.Rohitshaav Sinha and Mr.Yash Bhatia i/b Mr.Amol Kumeria, for the Applicants. Ms.P.P.Shinde, A.P.P for the Respondent - State. Mr.S.B.Shelar i/b Mr.G.R.Dalvi, for the Intervener. API - D.M.Dongare, Juhu Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE, J.
DATE : 24th SEPTEMBER, 2019 P.C. :
1.
At the outset, learned counsel for the applicants seeks leave to amend to implead the complainant, as party Respondent No.2. Leave granted. Amendment to be carried out forthwith. 2.
Issue notice to the respondents. Learned APP waives notice on behalf of the Respondent No.1-State. Mr.Shelar, waives notice on behalf of newly added Respondent No.2.
3.
Heard learned counsel for the parties.
4/6 4.
By these applications, the applicants seek pre-arrest bail in connection with C.R. No.70 of 2019 registered with the Juhu Police Station, for the alleged offences punishable under Sections 406, 408, 420, 506 r/w 34 of the Indian Penal Code.
5.
Both, the learned counsel for the applicants and the Respondent No.2/complainant have tendered Consent Terms dated 20th September, 2019. The said Consent Terms are taken on record and marked 'X' for identification. In the said Consent Terms, the applicants have agreed to pay a total sum of Rs.2,20,00,000/- plus G.S.T thereon, to the Respondent No.2/Complainant 6.
The Respondent No.2/complainant, who is present in Court accepts the entering of the said Consent Terms between the applicants and her. The complainant has no objection, if the applicants are granted prearrest bail, in view of the Consent Terms entered into between the parties. She, however, reserves her right to file an application seeking cancellation of the applicants bail, in the event, the said Consent Terms are not honoured by the applicants i.e. the payments are not made as per the payment schedule.
5/6 7.
Without going into the merits, having regard to Consent Terms entered into between the parties, the applications are allowed and the applicants are granted pre-arrest bail on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicants be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/- each, with one or two local sureties in the like amount ;
(ii) The applicants to comply with the Consent Terms entered into between the parties;
(iii) If there is breach of the Consent Terms i.e. breach in making the payments as per the schedule annexed to the Consent Terms, the Respondent No.2/Complainant is at liberty to file an appropriate application seeking cancelation of the applicants' bail. 8.
The Applications are allowed in the aforesaid terms and are accordingly disposed of.
6/6 9.
In view of the aforesaid, the Intervention Applications do not survive and the same are also disposed of.
10.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.