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Bombay High CourtABA/2453/2019disposed off

Pramodkumar Sitaram Mandal v. The State Of Maharashtra

2021-11-27Hon'Ble Shri Justice N. J. Jamadar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2453 OF 2019 Pramodkumar Sitaram Mandal ...Applicant vs.

The State of Maharashtra and Another

...Respondents

VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2021.11.27 16:25:13 +0530 Mr. Prayag Dholekar a/w. Mr. Sanjay Shambharkar i/b. Mr. D.S. Mohod, for the Applicant.

Ms. Jyoti L APP for the Respondent-State.

Mrs. Vandana Pramodkumar Mandal, frst informant is present. Mr. Joshi, API, Manpada police station, Thane present. CORAM :

N. J. JAMADAR, J.

DATE :

NOVEMBER 27, 2021 P.C.:

1.

Heard the learned counsel for the applicant.

2.

The applicant has been arraigned for the offences punishable under sections 498A, 406, 504, 506 read with 34 of the Indian Penal Code, 1860 (the penal code).

3.

By an interim order dated 13th November, 2019, the interim protection granted to the applicant by the learned Additional Sessions Judge, Kalyan was continued till 3rd December, 2019 and the applicant ordered was to be enlarged on bail in the event of arrest.

...1

4.

On 30th October, 2021, a statement was made on behalf of the applicant that the applicant and respondent No. 2 Mrs. Vandana Pramodkumar Mandal, the frst informant-wife of the applicant, have decided to settle the dispute and have also fled an application for divorce by mutual consent under section 13B of the Hindu Marriage Act, 1955 before the Family Court, Thane. A copy of the marriage petition was tendered for the perusal of the Court. 5.

Today the respondent No. 2 - frst informant appeared before the Court. Respondent No. 2 submitted that she and the applicant have decided to amicably resolve the matrimonial dispute and fle petition for divorce by mutual consent. Respondent No. 2 further submitted that, in accordance with the terms of settlement, she has already been paid a sum of Rs. 10 lakhs towards permanent alimony, which is quantifed as Rs. 31 lakhs. Respondent No. 2 submits that she has no objection to confrm the order of interim bail.

6.

In view of the aforesaid statement and having regard to the nature of allegations, which have their genesis in the marital discord, and the fact that the parties have decided to amicably resolve the matrimonial dispute, the interim order dated 13th ...2

November, 2019 deserves to be confrmed on the same terms and conditions.

Hence, the following order:

ORDER

1] The interim order dated 13th November, 2019 is made absolute on the same terms and conditions.

2] The application stands disposed of.

(N. J. JAMADAR, J.) ...3