Anju Naresh Jain 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.3532 OF 2022 Deepak Ambalal Shah .... Applicant versus State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO.4433 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.3532 OF 2022 INTERIM APPLICATION NO.1316 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.3532 OF 2022 WITH ANTICIPATORY BAIL APPLICATION NO.3603 OF 2022 WITH INTERIM APPLICATION NO.132 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.3603 OF 2022 WITH INTERIM APPLICATION NO.1313 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.3603 OF 2022 .......
• Dr. Abhinav Chandrachud a/w Yogesh M. Devnani, Advocate for Applicant in ABA/3532/22.
• Mr. Kapil Shah i/b. Mk. Juris Associates, Advocate for Applicant in ABA/3603/22.
• Mr. Bhanudas Jagtap a/w Mahesh V. Rajpopat a/w Akshit Kothari a/w Jay R., Advocate for Intervenors in IA/4433/22 & IA/132/23.
Digitally signed by MANUSHREE NESARIKAR Date:
2024.07.06 12:42:08 +0530 MANUSHREE NESARIKAR Nesarikar
2 / 4 • Mr. Pankaj D. Jain i/b. P. D. Jain and Co., Advocate for Intervenor in IA/1316/24 & IA/1313/24.
• Mr. Vithal B. Konde-Deshmukh, APP for the State/Respondent.
CORAM
: SARANG V. KOTWAL, J.
DATE : 04th JULY, 2024 P.C. :
1.
Dr. Chandrachud appearing for the Applicant in Anticipatory Bail Application No.3532 of 2022 along with Mr. Kapil Shah appearing for the Applicant in Anticipatory Bail Application No.3603 of 2022 on one side and learned counsel Mr. Bhanudas Jagtap in Interim Application No.4433 of 2022 and Interim Application No.132 of 2023 representing the society and the contesting party agree that an attempt can be made for trying to settle the matter through mediation. 2.
Considering the stand taken by the concerned learned counsel, one opportunity can be given to the parties to explore such possibility by keeping all their rights and contentions open in case the mediation fails.
3.
Learned APP has no objection for this course of action.
3 / 4 4.
Dr. Chandrachud learned counsel appearing in Anticipatory Bail Application No.3532 of 2022 further submitted that as far as the grievance of the Applicant in Interim Application No.1313 of 2024 and Interim Application No.1316 of 2024 is concerned, the Applicant Deepak Shah is offering to refund the amount, if acceptable to both the parties with reasonable interest acceptable to both the parties. Learned counsel Mr. Pankaj Jain for the said Intervenor submits that he will take instruction on that behalf. That statement of both the learned counsel is also recorded.
5.
In view of this, today I am adjourning the matter with continuation of ad-interim relief granted earlier. 6.
Hence, the following order :
O R D E R
(i) The parties in the Anticipatory Bail Applications and aforesaid Interim Applications shall approach the Mediation Centre of this Court on
4 / 4 22/07/2024 at 11.00 a.m. either by themselves or through their representatives. The officer-incharge of the Mediation Centre shall appoint a suitable experienced Mediator to make an attempt to bring about settlement through mediation between the parties.
(ii) Stand over to 12/09/2024.
(iii) Ad-interim relief granted earlier shall continue till then.
(iv) It is made clear that all the points regarding rights and contentions of all the parties are specifically left open.
(SARANG V. KOTWAL, J.)