Janak Jivraj Kawa v. Ramesh Hiralal Patel And ANR

ABA 2001-19.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2001 OF 2019 Janak Jivraj Kawa .Applicant Vs.

Ramesh Hiralal Patel & anr.

.Respondents Mr. Vikram V. Tarepatil, Advocate, for the Applicant Mr. Anup Lahoti, Advocate, for the Respondent No. 1 / Complainant Mr. S. V. Gavand, APP, for the Respondent No. 2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

16.09.2019 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C. R. No. 358 of 2017 registered with the D. N. Nagar Police Station, Mumbai, for the alleged offences punishable under Sections 420, 408, 465, 467, 468, 471 r/w 34 of the Indian Penal Code. 3.

Learned counsel for the Applicant submits that the matter has been amicably resolved between the Applicant and the co-accused on the one hand and the Complainant on the other hand. Learned counsel appearing for the Respondent No. 1 / Complainant has tendered an Affidavit of the Complainant - Ramesh Hiralal Patel. The said

ABA 2001-19.doc Affidavit is taken on record. In the said Affidavit, the Respondent No. 1 has stated that he has no grudge as against the Applicant and that the Applicant is again working with him as an Accountant. It is also stated that the matter is amicably resolved between the Applicant and the Complainant and that he has no grievance against the Applicant. It appears that the other co-accused in the said case have also been granted pre-arrest bail. The co-accused have deposited the amount which was allegedly defalcated by them.

4.

Considering the aforesaid, the Application is allowed and the Applicant is granted pre-arrest bail on the following terms & conditions :-

O R D E R

(i) In the event of arrest, the Applicant be enlarged on bail, on executing P. R. Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)