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Bombay High CourtABA/3352/2022disposed off

Sunil @ Kalwa Harful Singh v. State Of Maharashtra

2023-12-12Hon'Ble Shri Justice N. J. Jamadar3 pages

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3352 OF 2022 SANTOSH SUBHASH KULKARNI Sunil @ Kalwa Harful Singh ...Applicant

Versus

State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Date: 2023.12.18 19:23:27 +0530 Mr. Ganesh Gole, i/b Bhavin Jain, for the Applicant. Smt. Ashwini Takalkar, APP for the State/Respondent. Mr. Dnyaneshwar Deshmukh, a/w Rutwik Deshmukh and Sanjay Ranjane, for Respondent No.2.

PSI M. N. Waghwase, Ulhasnagar Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

12th DECEMBER, 2023 PC:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.499 of 2022 registered with Ulhasnagar Police Station, for the offences punishable under Sections 326, 504, 506 and 427 read with Section 34 of the Indian Penal Code, 1860 ("the Penal Code").

3.

By an order dated 5th December, 2022, this Court had granted interim bail. On 25th October, 2023, when the matter was listed before the Court, a statement was made on behalf of the parties that the applicant and first informant have 1/3

amicably resolved the dispute and have decided to file an application for quashing the FIRs.

4.

The first informant, who has taken out Intervention Application, has filed an affidavit on 25th October, 2023, copy of which is tendered for the perusal of the Court. The first informant claims that the dispute between the first informant and the applicant has been amicably resolved and the first informant undertakes to give consent to quash the FIR No.499 of 2022. The first informant is present before the Court. He states that he has filed affidavit out of his own volition and there is no coercion or duress.

5.

In view of the aforesaid development and the fact that the interim bail is in operation since 5th December, 2022, I am impelled to make the order of interim bail dated 5th December, 2022 absolute.

6.

Hence, the following order:

: O R D E R :

(i) The order of interim bail dated 5th December, 2022 is made absolute on the terms and conditions incorporated therein.

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(ii) The applicant shall regularly attend the proceedings before the jurisdictional Court.

[N. J. JAMADAR, J.] 3/3