Devidas Bhausaheb Kadu v. The State Of Maharashtra

aba.1396-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1396 OF 2017 Devidas Bhausaheb Kadu ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ---- Mr. Niranjan Mundargi I/b M.S. Mandavkar for applicant. Mr. S.S. Chitre for respondent No.2.

Ms. Rutuja Ambekar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 2nd July 2018.

P.C.:

1] By an Order dated 7th August 2017, the applicant was granted interim relief.

2] The learned Counsel for the applicant tendered across the bar Consent Terms dated 1st July 2018 entered into between the applicant and the respondent No.2/complainant. The said consent terms are duly signed by the parties herein and their signatures have been duly identified by their respective Advocates. The undertakings given in the said Consent Terms are accepted as undertakings given to this Court. The said Consent Terms are taken on record and marked aXo for identification. 1/2

aba.1396-2017.doc 3] The schedule of payment is mentioned in para-3(a) the said Consent Terms and the applicant has undertaken to honour the undertaking and it is stated that the cheques mentioned therein will be honoured on presentation.

It is made clear that, the period for payment will not be extended on any count and if the said cheques are not honoured on the given dates, the protection granted by way of pre-arrest bail shall be vacated forthwith without further reference to this Court. 4] In view of the Consent Terms dated 1st July 2018, interim relief granted by Order dated 7th August 2017 is hereby confirmed. However, the condition to report to the Investigating Officer is waived. 5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2