Dhiraj Suresh Landage And ANR v. The State Of Maharashtra And ANR

rpa 1/3 916-aba-2627-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2627 OF 2019 1) Dhiraj Suresh Landage; and 2) Nilesh Suresh Kudale .. Applicants Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr.Sujay N. Gawade i/b. M/s.Shree and Company, Advocate for the Applicants.

Mr.Prashant Jadhav, APP for the Respondent - State. Ms.Anita Dubey Upadhyay, Advocate for Respondent No.2. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

NOVEMBER 29, 2019.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.604 of 2019, registered with Bhosari Police Station, District - Pune, for the ofences punishable under Sections 420, 467, 468 and 506 read with 34 of Indian Penal Code ("IPC", for short).

The case of the complainant is that the sale deed in respect to the property was executed between the complainant

rpa 2/3 916-aba-2627-19.doc and accused no.2, however, towards consideration only an amount of Rs.5,00,000/- was given. The accused also committed of forgery.

The complainant is present in the Court. Learned Counsel for the complainant and the Applicants submitted that the parties have resolved the dispute. Applicants have fled afidavits about the settlement arrived at between the parties. The complainant has addressed a letter to the police on 15th October, 2019, stating that the parties are resolving the dispute. The Applicants had issued cheques in favour of the complainant. The details of cheques are refected in the letter dated 15th October, 2019. It is also submitted that three cheques are already honoured and the other cheques are due on the subsequent dates. It is further submitted that the complainant has no objection for allowing this Application. In view of the above, application can be allowed.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.2627 of 2019, is allowed;

rpa 3/3 916-aba-2627-19.doc (ii) In the event of arrest of the Applicants in connection with C.R.No.604 of 2019, registered with Bhosari Police Station, District-Pune, the Applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/-, each with one or two sureties in the like amount;

(iii) Applicants shall adhere to the settlement arrived between the parties. In the event there is breach of settlement, the complainant would be at liberty to prefer an Application for cancellation of bail;

(iv) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)