Tara Singh Nagpal v. Rahul Ishwar Kapoor Alias Yasir Dawood Khan And ANR

37-APPP-122019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1220 OF 2019 INJ BAIL APPLICATION NO.291 OF 2019 Tara Singh Nagpal ... Applicant Vs Mr. Rahul Ishwar Kapoor alias Yasir Dawood Khan & Anr.

... Respondents ...

Mr. Karan Jain for the Applicant.

Mrs. Sharmila Kaushik , APP for the Respondent-State. Mr. S.R.Mithare for Respondent No.1.

PSI Sharad Nimle attached to MIDC P.Stn. Present. CORAM : SANDEEP K. SHINDE J.

DATE : 13 th DECEMBER, 2019 P.C. :

It is an application for cancellation of bail. This Court in Criminal Bail Application No.291 of 2019 directed to enlarge respondent no.1 on bail on certain terms and conditions. Condition No.2 of the order reads as under: "ii) The applicants shall abide by the Consent Terms entered into between them and the Respondent No.2(Original Complainant)." Shivgan 1/2

37-APPP-122019.odt Respondent No.1 had given Undertaking in writing to this Court on 28th November, 2019 that he will pay Rs.10 Lakhs to the Applicant on 4th December, 2019 by the Demand Draft. Respondent No.1 has not paid amount as he undertook.Therefore, he breached the Undertaking and the condition imposed while releasing him on bail. Mr. Mithare, the learned counsel for the respondent no.1, submits to the jurisdiction of this Court. In view of the facts of the case, the order dated 3rd June, 2019 passed in Bail Application No.291 of 2019 enlarging respondent no.1-Rahul Ishwar Kapoor on bail, is hereby cancelled.

Application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/2