Bimaljit Singh Ranbirsingh Grewal v. The State Of Maharashtra

rajshree`

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2066 OF 2022 Bimaljit Singh Ranbirsingh Grewal ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.Ashok Mishra a/w Shubham Mishra, for the Applicant. Mr.S.V. Gavand, APP for the State.

Mr.Advait Shukla for the Intervenor.

PSI Khilare, Oshiwara Police Station present. CORAM :

BHARATI DANGRE, J DATE :

19th SEPTEMBER, 2022.

P.C.

1] The subject CR invoke offence punishable under Sections 406, 420, 504 and 506 read with 34 of the Indian Penal Code. 2] The dispute revolve around the complaint filed on 01.06.2022 which involve Flat No.1-B/161 in Windmere Building Off. New Link Road, Andheri (West), Mumbai, for a consideration of Rs.4,80,00,000/-. Accordingly, Memorandum of Understanding was executed on 01.08.2019 and as per the complainant he has paid an amount of Rs.81,00,000/-. He allege that the Applicant failed to abide by the terms contained in the Memorandum of Understanding, as a result of which second Memorandum of Understanding was executed on 1/3

25.03.2020, but since there was even failure to adhere to the same, complaint was filed.

3] The complainant alognwith the Applicant has now arrived at a settlement and Consent Terms under the signature of the Applicant and Power of Attorney Holder of the informant Sheetal Gadia who is present in the Court and whose identity is established through the Sheristedar of the Court, are marked as x-for identification. 4] On perusal of the Consent Terms, it can be seen that it is agreed that the Applicant would transfer the flat to the First Informant upon payment of consideration of Rs.4,25,00,000/- and he would pay the remaining consideration on or from the date of registration of Agreement which was scheduled as 29.07.2022. It is also agreed that the Applicant shall deliver peaceful possession of the flat upon receipt of the entire sale consideration.

5] In the wake of the Consent Terms arrived at between the parties, with particular clause that parties shall abide by the Consent Terms, and put an end to the dispute, I see no reason as to why the Applicant shall not be protected from his arrest since the complainant himself is satisfied with the terms agreed between the parties and expressed willingness to accept the flat on payment of balance consideration. Hence, the following order :

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.857/2022 registered with Oshiwara Police Station, the applicant Bimaljit Singh Ranbirsingh Grewal shall be 2/3

released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount. (c) The applicant shall report to the concerned police station as and when called for.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

[BHARATI DANGRE, J] 3/3