Nitin @ Nitina Shankar Dhimdhime And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1271 OF 2024 Nitin @ Nitina Shankar Dhimdhime & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Avinash B. Avhad, Advocate for Applicants. • Smt. Madhavi H. Mhatre, APP for the State/Respondent. • Mr. Sachin Deokar, Advocate for Intervenor.

CORAM

: SARANG V. KOTWAL, J.

DATE : 08th MAY, 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No.412/2024, dated 07/03/2024, registered with Hadapsar Police Station, Pune City, under sections 406, 420, 465, 467, 468, 471, 120-B of the Indian Penal Code. Now the investigation is transferred to Dighi police station. A fresh C.R. number is given as C.R.No.172/2024 of Dighi Police Station. 2.

Heard Mr. Avinash B. Avhad, learned counsel for the Applicants, Mr. Sachin Deokar, learned counsel for the Intervenor and Smt. Madhavi H. Mhatre, learned APP for the Digitally signed by MANUSHREE NESARIKAR Date:

2024.05.09 15:21:13 +0530 MANUSHREE NESARIKAR State.

Nesarikar

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The basic allegations in the FIR are that the informant had given various amounts on different occasions by way of investment and in lieu thereof, the Applicants had promised to give different flats and shops. The allegations are that the informant had given Rs.3,25,06,058/-. Further allegations are that because of these transactions, the informant had suffered loss to the tune of Rs.5 Crores.

4.

The informant had approached Magistrate's Court and was granted order u/s 156(3) of Cr.P.C. Pursuant to this order, the FIR is lodged.

5.

At the outset, both the learned counsel appearing for the informant as well as the Applicants, jointly make a statement voluntarily that both the parties are willing to explore possibility of settlement. The informant is present in the Court. Considering that the FIR pertains to the monetary dispute between the parties, both of them can be given one opportunity to explore possibility of settlement through mediation. To facilitate the process of mediation, the Applicants can be protected by way of ad-interim relief till the next date.

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Hence, the following order :

O R D E R

(i) Both the parties are directed to appear before the Mediation Centre of this Court on 15/05/2024 at 11.00 a.m. The Officer-in-charge of the Mediation Centre shall appoint a suitable Mediator from their panel to make an attempt to bring about the settlement between the parties through mediation process.

(ii) In the event of their arrest in connection with C.R.No.172/2024, dated 07/03/2024, registered with Dighi Police Station, till the next date, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each, with one or two sureties each, in the like amount.

(iii) This order shall operate till 10/07/2024.

(iv) Stand over to 10/07/2024.

(SARANG V. KOTWAL, J.)