Shaikh Mustaq Shaikh Amir v. The State Of Maharashtra And Another

2024:BHC-AUG:15729 645.2024ABA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

955 ANTICIPATORY BAIL APPLICATION NO. 645 OF 2024 Shaikh Mustaq Shaikh Amir ..APPLICANT -VERSUS1.

State of Maharashtra 2.

The Commissioner of Police ..RESPONDENTS ...

Advocate for Applicant : Mr.S.J. Salunke APP for Respondent/State: Ms.P.V. Diggikar ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

25th July, 2024.

P.C.:

1.

The applicant apprehends arrest in connection with FIR No.160 of 2024 registered with Police Station CIDCO, Aurangabad, for the offence punishable under section 420 of the Indian Penal Code (For short, "IPC").

2.

It is prosecution's case that the applicant had cheated the informant on the promise that he will sell the plot situated at Jalna to him.

3.

It is the contention of the learned counsel for the applicant that during pendency of this application, the matter is settled between the applicant and the informant and the applicant has repaid the amount to the informant.

4.

The learned APP on instructions fairly submitted that the matter is settled between the parties out of the Court. She produced the letter

645.2024ABA.odt signed by Senior Police Inspector and Police Sub-Inspector, CIDCO Police Station dated 24th July, 2024.

5.

I have heard both the learned counsel. Perused the F.I.R. and the letter dated 24th July, 2024 produced on record. 6.

In the letter dated 24th July, 2024, it is mentioned that the matter is settled between the informant and the applicant. Considering the submissions of the learned counsel for the applicant and learned APP and in view of the letter, I pass the following order:-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with FIR No.160 of 2024 registered with Police Station CIDCO, Aurangabad, for the offence punishable under section 420 of the Indian Penal Code, the applicant be released on executing personal bond in the sum of Rs.15,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

[ SHIVKUMAR DIGE, J. ] sga