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Bombay High CourtIA/2346/2023disposed off

Sunil Ganpat Thorat And ANR v. The State Of Maharashtra

2024-04-16Hon'Ble Shri Justice M. S. Karnik4 pages

2024:BHC-AS:17521

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.280 OF 2023 SALIM KHUBBUDDIN PATEL .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT WITH INTERIM APPLICATION NO.2346 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.280 OF 2023 SUNIL GANPAT THORAT AND ANR.

..APPLICANTS

IN THE MATTER BETWEEN

SALIM KHUBBUDDIN PATEL .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ALONGWITH ANTICIPATORY BAIL APPLICATION NO.281 OF 2023 SALIM KHUBBUDDIN PATEL .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT INTERIM APPLICATION NO.2241 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.281 OF 2023 VINODINI RAJENDRA YADAV ..APPLICANT

IN THE MATTER BETWEEN

SALIM KHUBBUDDIN PATEL .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT 1/4

Mr. Govind Solanke, for applicant in IA/2241/2023. Mr. Aniket Nangare i/b Mr. Saleel Borwadkar, for applicant in IA/2346/2023.

Mr. Rakesh H. Singh a/w Adv. Kiran Shetty, for applicant in ABA/280/2023 and 281/2023.

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

API- Savita P. Mohite, Nerul police station present. CORAM : M. S. KARNIK, J.

DATE : APRIL 16, 2024.

P.C. :

1.

Heard learned counsel for the applicants and learned APP.

2.

These applications are disposed of by this common order by consent of the parties.

3.

There are two FIRs filed by two complainants. The applicant in Anticipatory Bail Application No. 280 of 2023 is apprehending arrest in connection with the FIR Nos. 26 of 2023 dated 14/01/2023 registered by complainant- Sunil Ganpat Thorat with Nerul police station for the offence punishable under sections 406, 420 read with 34 of the Indian Penal Code, 1860.

4.

The applicant in Anticipatory Bail Application No. 281 of 2023 is apprehending arrest in connection with the FIR Nos. 19 of 2023 dated 13/01/2023 registered by the 2/4

complainant- Vinodini Rajendra Yadav with Nerul police station for the offence punishable under sections 406, 420, 468, 471 read with 34 of the Indian Penal Code, 1860. 5.

I am not going into facts in detail as learned counsel for the complainants in both the applications submit that there are written instructions from the complainants Sunil Ganpat Thorat (ABA/280/2023) and Vinodini Rajendra Yadav (ABA/281/2023) that the matters are amicably settled between the parties.

6.

Learned counsel for the applicants submits that an amount of Rs.14,00,000/- has been deposited by the applicant before the trial Court. The applicant has no objection if an amount of Rs.10,50,000/- is allowed to be withdrawn by the complainant- Vinodini Rajendra Yadav in C.R. No. 19 of 2023. Further, the applicant has no objection if the complainant-Sunil Ganpat Thorat in C.R. No. 26 of 2023 is allowed to be withdrawn balance amount of Rs.3,50,000/- which is deposited in the trial Court. The trial Court to permit such withdrawals.

7.

In the event of arrest of the applicant-Salim Khubbuddin Patel in connection with C.R. No. 29 of 2023 and 3/4

19 of 2023 registered with Nerul Police Station, he shall be released on his furnishing a P.R. bond in the sum of Rs.10,000/- with one or more sureties in the like amount. 8.

Learned counsel for the complainants submitted that they will co-operate with the applicant in the matter of quashing of the CRs at the cost of the applicant as and when appropriate proceedings towards that end are filed. 9.

Liberty to file an application/s for withdrawal of the aforesaid amounts in terms of this order.

10.

The anticipatory bail applications are disposed. The interim applications also stand disposed of.

(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 16/04/2024 18:38:12