Amin Nanhekhan Merchant v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3247 OF 2024 Amin Nanhekhan Merchant ....Applicant

Versus

The State of Maharashtra ....Respondent ____________________________________ Mr. Anees Aslam, Advocate for the Applicant.

Mr. Nitin B. Patil, APP for Respondent No.1.

Mr. Sahil Choudhari, Advocate for Respondent No.2. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 20 FEBRUARY 2025 P.C.:

1.

The learned Advocate for the Applicant seeks liberty to amend the Anticipatory Bail Application and add Mr. Rajesh Gore as a party Respondent No.3. Liberty is granted, as prayed for. 2.

Amendment to be carried out forthwith.

3.

The learned APP undertakes to serve a copy of the present proceedings to newly added Respondent No.3 through Investigating Officer.

4.

The learned Advocate for the Applicant submits that apart

from Investigating Officer serving a copy on the newly added Respondent No.3, by private service, they will also serve the proceeding on newly added Respondent No.3.

5.

Based on the statement made by the learned Advocate for the Applicant, an order was passed by this Court directing the Applicant to deposit of Rs.1,20,000/- in this Court. The said amount has been deposited in this Court. The learned Advocate for Respondent No.2 submits that the outstanding bank loan as of today is Rs.79,035/-. Additionally, certain EMIs have been paid to the bank by the Informant. On instructions from the Informant, who is present in the Court, Counsel for the Informant submits that if a sum of Rs. 90,000/- out of the Rs.1,20,000/- deposited in this Court is paid to her, she is willing to consent to the quashing of this F.I.R.

6.

The learned Advocate for the Applicant submits that since the bike was sold to a person named Rajesh Gore, who is a dealer of two wheelers. The said Rajesh Gore had attended the previous proceeding through video conference. However, today, Mr Rajesh is not present.

7.

Mr. Aslam, the learned Advocate for the Applicant submits

that the Applicant has no objection if the subject bike, which is currently in police custody, is handed over to Mr. Rajesh Gore. The learned Advocate for Respondent No.2 has no objection, provided that the Informant first receives the sum of Rs.90,000/-, his client is willing to cooperate and sign any necessary documents. 8.

The Informant is permitted to appear on the next date of the hearing through video conference.

9.

Stand over to 26 February 2025 under the caption "For Directions".

10.

Interim protection, if any, granted earlier to continue till the next date of the hearing.

(RAJESH S. PATIL, J.)