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Bombay High CourtABA/1918/2023disposed off

Tajuddin Shadaruddin Shaikh And ANR v. The State Of Maharashtra

2023-07-17Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1918 OF 2023

1. Mr. Tajuddin Shadaruddin Shaikh

2. Mrs. Prithima Boodgun Shaikh @ Pratima Tajuddin Shaikh ... Applicants v/s.

The State of Maharashtra and anr.

.... Respondents Mr. R.C. Mishra for the Applicants.

Ms. A.A. Takalkar, APP for the State.

Mr. Nitin Sawant, PSI, Bangurnagar Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th JULY, 2023.

P.C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.163/2023 registered with Bangar Nagar Police Station, Mumbai for offences punishable under sections 406, 420 r/w. 34 of the Indian Penal Code. 2.

The aforesaid crime was registered pursuant to the FIR lodged by Rahul Jain. Learned counsel for the Applicants states that during the pendency of this Application, the Applicants and the first informant have entered into settlement terms and that they have settled the dispute amicably. Learned APP states that the supplementary 1/3

statement of the first informant was recorded on 12/05/2023 wherein the first informant has confirmed that the matter has been amicably settled.

3.

In the light of the above statement, this is a fit case to exercise discretion under section 438 of Cr.P.C. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicants in C.R.No.163/2023 registered with Bangar Nagar Police Station, Mumbai, they shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- each with one or two sureties in the like amount ;

(b) The Applicants shall report to the Investigating Officer as and when required ;

(c) The Applicants shall not interfere with the prosecution witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

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(d) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

4.

The Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2023.07.20 17:40:35 +0530 3/3