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Bombay High CourtABA/1354/2021application allowed

Gowardhan Narsinghdas Pallod v. The State Of Maharashtra

2021-12-17Hon'Ble Shri Justice P. D. Naik3 pages

(1)

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 ANTICIPATORY BAIL APPLICATION NO.1354 OF 2021 WITH APPLN/2972/2021 IN ABA/1354/2021 GOWARDHAN NARSINGHDAS PALLOD

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Satish Manale, Advocate for the applicant. Mr. A.V. Deshmukh, A.P.P. for respondent - State. Mr. Chandrakant Patil, Advocate assisting the PP. ...

CORAM :

PRAKASH D. NAIK, J.

DATE :

17-12-2021 ORDER :

1.

The applicant is seeking pre-arrest bail in Crime No.507/2021 registered with Gandhi Chowk Police Station, District Latur for the offences punishable under Sections 403, 406, 409, 417, 420 read with Section 34 of the Indian Penal Code. 2.

Private complaint was filed by Rajendra Vinayak Almale and Manohar Vitthalrao Veer before the Court of learned Chief Judicial Magistrate at Latur. In pursuant to directions under Section 156 (3) of the Code of Criminal Procedure (for short "Cr.P.C."), F.I.R. was registered.

3.

Learned Advocate for the applicant and complainant Rajendra Vinayak Almale submitted that the parties have arrived at

(2) amicable settlement and the dispute has been resolved. Affidavit has been filed before the Court of learned Magistrate seeking compromise under Section 320 of Cr.P.C. Photo copy of the affidavit is produced alongwith order passed by learned J.M.F.C. Latur in the said proceeding on 8th December 2021. Affidavit of Rajendra Vinayak Almale mentions that the complainant Nos.1 and 2 and accused Nos.1 to 3 have mutually compromised the matter outside the Court to maintain future healthy business relations amongst them and the accused have agreed to return the amount towards Soyabean purchased to Rajendra Vinayak Almale and Manohar Vitthalrao Veer. Complainants, on receipt of due from the accused, have no grievance against them and are ready for mutual voluntary compromise. Learned Magistrate then proceeded to pass order on 8th December 2021 stating that the complainant had filed present case under Section 156 (3) of Cr.P.C. in which directions were issued to investigate and report is filed. Since the purpose of complaint is served, the case is disposed of. 4.

In view of the above, relief prayed in this application can be granted. Hence, the following order.

ORDER

(i) ABA No.1354 of 2021 is allowed.

(ii) In the event of arrest of applicant in Crime No.507/2021 registered with Gandhi Chowk Police Station, District Latur, applicant be released on bail on executing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(3) (iii) ABA No. 1354 of 2021 and Criminal Application No.2972 of 2021 stand disposed of.

(PRAKASH D. NAIK, J.) VD_Dhirde