Murugesh Vardharaj Devendra v. The State Of Maharashtra

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2024.09.03 19:18:23 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2099 of 2024 Murugesh Vardharaj Devendra, Aged 40 years, Occ: Business, R/at: Indira Nagar Jai Bhavani HS, Near Ramu Store, Sion Koliwada, Mumbai 400 037 ...

Applicant v/s.

The State of Maharashtra (Wadala T.T. Police Station) ...

Respondent ....

Mr Ramprasad V Gupta, for the Applicant.

Mr Yogesh Y Dabke, APP, for Respondent State. Mr Anas Shaikh, for the Intervenor/First Informant. API Alpesh Lawand, Wadala TT Police Station, is present. ....

Coram : R.N. Laddha, J.

Date : 3 September 2024 P.C. :

.

Heard Mr Ramprasad Gupta, the learned Counsel appearing on behalf of the applicant, Mr Yogesh Dabke, the learned Additional Public Prosecutor representing the respondent/State, and Mr Anas Shaikh, the learned Counsel appearing for the intervenor/first informant.

2.

This is an application for pre-arrest bail filed by the

applicant, apprehending arrest in CR No.500 of 2024, registered at Wadala TT Police Station, Mumbai, for the offences punishable under Sections 109, 118(1), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

Mr Ramprasad Gupta, the learned Counsel appearing on behalf of the applicant, and Mr Anas Shaikh, the learned Counsel representing the intervenor/first informant, jointly submit that the applicant and the informant have resolved their dispute amicably. The informant has no grievance against the applicant and has consented to quash the FIR by filing a criminal writ petition. The learned Counsel draws the attention of this Court to the informant's affidavit dated 7 August 2024 and the injured's affidavit dated 14 August 2024, expressing their consent for granting anticipatory bail to the applicant. These affidavits are placed on record.

4.

Upon perusal of the records, it appears that there is a case and cross case filed by the applicant and the informant against each other. In these offences, the investigation is nearing completion. The parties have now arrived at a comprehensive settlement regarding their dispute and the informant along with the injured consents to grant anticipatory bail to the applicant. The informant and the injured are present in the Court and identified by the Investigating Officer. They

express their no objection and consent to grant pre-arrest bail to the applicant, and reiterate the contents of their consent affidavits. In the circumstances, the application is allowed in the following terms: (i) In the event the applicant is arrested in connection with CR No.500 of 2024, registered at Wadala TT Police Station, Mumbai, he shall be released on bail on executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

5.

The application stands disposed of accordingly. (R.N. Laddha, J.)