Pradip Mangaldas Jhaveri And ANR. v. The State Of Maharashtra

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2343 OF 2018

1. Pradip Mangaldas Jhaveri

2. Jaideep Pradip Zaveri ...

Applicants vs.

The State of Maharashtra ...

Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 2350 OF 2018 Chirag Pradip Zaveri ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Swapnil Wagh, Advocate for the applicants in both the Applications.

Mr. A.R. Kapadnis, APP for the respondent/State. Mr. Rakesh Dubey a/w. Mr. Kunal Phoole, Advocate for the intervener.

CORAM: REVATI MOHITE DERE, J.

DATED: 6th June, 2019 P.C. :

Heard learned Counsel for the parties.

2.

By these applications, the applicants seek pre-arrest bail in connection with C.R. No. 272 of 2018 registered with the BKC Police Station, Bandra (East), Mumbai, for the alleged offences punishable under Sections 406, 420 r/w. 34 of the Indian Penal Code.

3.

Learned counsel for the applicants and learned counsel Mr. Rakesh Dubey for the complainant state that the parties have amicably settled their disputes. Learned counsel for the parties have tendered a xerox copy of the consent terms entered into between the parties. The same is taken on record and marked as "X" for identification.

4.

Learned counsel for the complainant, on instructions of the complainant who is present in Court, states that the complainant has received the entire amount, i.e., Rs.91,42,090/- involved in the said case.

5.

Learned counsel for the parties state that as the dispute between them has been resolved and amicably settled, the parties would be filing an appropriate Petition before the Division Bench, for quashing of the said case.

6.

Learned APP, on instructions, states that in the said case, apart from the present complainant, no other person/s are involved/aggrieved. He further states that there are other cases

which have been registered as against the applicants and that separate CRs have been registered as against the applicants in those cases. Ld counsel for the applicants disputes the said statement. If there are CRs registered as against the applicants, law will take its own course and the police will investigate the said CR's and take them to their logical end.

7.

In the present case, the complainant is the only person who has been duped of an amount of Rs.91,42,090/-. Since the amount has been received by the complainant, he has no objection, if the applicants are granted anticipatory bail. 8.

Considering the aforesaid, the Applications are allowed and the applicants are granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.50,000/- each, with one or more sureties in the like amount;

(ii) The applicants shall report to the concerned

police station on 19th , 20th and 21st June, 2019 between 10.00 a.m. to 1.00 p.m. and thereafter as and when called;

(iii) The applicants shall inform their latest place of residence and mobile contact numbers and/or change of residence or mobile details, if any, from time to time to the concerned Police station, in writing;

9.

The Applications are allowed and disposed of in above terms.

10.

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