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Bombay High CourtABA/1668/2021allowed

Nazir Yusuf Wahab And ORS v. The State Of Maharashtra

2021-09-27Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1668 OF 2021 Nazir Yusuf Wahab and others Applicants versus The State of Maharashtra Respondent WITH INTERIM APPLICATION NO.2201 OF 2021 Mubashir Mustakim Shaikh Intervenor In the matter between :

Nazir Yusuf Wahab and others Applicants versus The State of Maharashtra Respondent Adv.Bhomesh R. Bellan for applicant.

Mr.S.H.Yadav, APP, for State.

Adv.Nouman h/for Anjali Patil for intervenor PSI Deepak Kharade, Khar Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 27th September 2021 PC :

1.

The first information report was registered vide CR No.170 of 2021 with Khar Police Station for offences under Sections 380, 504, 506(2), 341, 141, 143, 147, 149, 448, 452 of Indian Penal Code. It was alleged that accused had entered into shop of informant and he was dispossessed. Cash was taken away. Civil suit was filed by complainant. Interim relief was granted by this Court on 19th July 2021.

2.

Learned counsel for applicant and the advocate for MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.10.04 10:13:46 +0530 complainant, on instructions, submit that parties have settled the

2 of 2 30.ABA.1668.2021.doc dispute. Civil proceedings were initiated in respect to the property. The dispute has been amicably settled and consent terms are being filed. It is also submitted that both the parties would initiate appropriate proceedings for quashing the criminal prosecution. 3.

In view of above, this application can be allowed. Hence, I pass following order :

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) Interim order dated 19th July 2021 is confirmed; (iii) In the event of arrest of applicants in CR No.170 of 2021 registered with Khar Police Station, Mumbai, the applicants be released on bail on their executing PR bond in the sum of Rs.30,000/- each with one or more sureties in the like amount; (iii) Interim Application stand disposed of.

(PRAKASH D. NAIK, J.) MST