Fahad Mohd. Hanif Ansari v. The State Of Maharashtra

(7)-ABA-2663-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2663 OF 2021 Mr. Fahad Mohd. Hanif Hansari ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Jay S. Patil a/w Mr. Yogiraj Purwant, Advocate for the Applicant. Mr. Ajay Patil, APP for the Respondent - State. Complainant, a advocate argued in person.

CORAM : NITIN W. SAMBRE, J.

DATE : 18th NOVEMBER, 2021 P.C.

1.

The complainant, advocate by profession alleged that, the applicant in 2013 through his brother accepted an amount of Rs.3,25,000/- for providing 365 sq.ft. developed property in Mumbra which commitment is not honored. As a consequence, complainant initiated proceedings before the Consumer Forum so also the criminal complaint resulting into registration of Crime No. 792 of 2021 registered with Mumbra Police Station, Thane City for the offence punishable under Sections 420, 406, 506 r/w 34 of IPC. 2.

I have heard counsel for the applicant, the complainant - advocate by profession appears in person and learned APP. 3.

In response to the Courts query, counsel for the applicant on instructions volunteers that an amount of Rs.4,00,000/- shall be BGP.

(7)-ABA-2663-21.doc.

deposited by the applicant in the pending complaint with the Consumer Disputes Redressal Forum in Thane district initiated by the complainant. Since the statement is made on instructions, same is accepted as an undertaking. In view of above, complainant has no objection, in case the applicant in the event of his arrest is released on bail.

4.

That being so, application is allowed.

5.

Applicant in the event of arrest in Crime No.792 of 2021 registered with Mumbra Police Station, Thane City for the offence punishable under Sections 420, 406, 506 r/w 34 of IPC be released on bail on executing P. R. bond of Rs.15,000/- with one or more sureties in the like amount.

6.

Applicant shall attend the Investigating Officer as and when directed.

7.

Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

8.

However, request was made by the complainant the Consumer Forum shall deal with the prayer for withdrawal of the amount in accordance with law after hearing the applicant. Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.11.20 14:56:22 +0530 BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BGP.