Pramodprasad S Semalty v. State Of Maharashtra
2025:BHC-AS:19287
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1335/2024 SANJEEV KUMAR SINGH AND ANR.
...APPLICANTS VS STATE OF MAHARASHTRA ...RESPONDENT INTERIM APPLICATION NO.2166/2024 IN ANTICIPATORY BAIL APPLICATION NO. 1335/2024 PRAMODPRASAD S. SEMALTY ...APPLICANT
IN THE MATTER BETWEEN
SANJEEVKUMAR SINGH AND ANR.
...APPLICANTS VS STATE OF MAHARASHTRA ...RESPONDENT ...
Adv. Vishal Krishna i/b Law Care for the Applicants (Through V. C.) Adv. Ajay S. Patil APP for the Respondent State. Adv. Sameer Hatle a/w Amit Mishra for the Intervener in IA/2166/2024.
PSI Nagesh Pisal, Kasarvadavali Police Station, Thane City. ...
CORAM
: RAJESH S. PATIL, J.
DATED : APRIL 28, 2025 P.C.:
1.
Mr. Krishna, learned counsel for the applicants on instructions of the applicants submits that the entire sum of Rs. 54 lakhs has been deposited in the Registry of this Court. He submits that the said amount can be allowed to be withdrawn by respondent no. 2, if the respondent no. 2 as per the proposed settlement files an appropriate
application for cancellation of two agreement of sale dated 12 September, 2023 and so also, the respondent no. 2 co-operates with the applicants for quashing of the FIR by way of giving their consent to the said quashing petition.
2.
Mr. Hatle, learned counsel for respondent no. 2 on instructions of his client submits that within a period of one year from today, the respondent no. 2 would take steps for cancellation of two agreements of sale dated 12 September 2023, copies of which have been annexed at page nos. 77 of the interim application. He further submits that after completion of this transaction if the applicant makes any application for quashing of the FIR, the respondent no. 2 will cooperate with them by giving their consent to the same. He submits that if within a period of one year from today, the entire process of cancellation of two agreement of sale dated 12 September, 2023 is not completed, the amount deposited by the applicants before this Court may be permitted to be withdrawn by the applicant. 3.
The learned APP on instructions of the investigating officer submits that the custody of the present applicants is not necessary as the entire amount of crime has been deposited by the applicants without admitting the guilt.
4.
Considering the above submissions made by the counsel for
both the parties, I am convinced that the custody of the present applicants is not necessary. Hence, I pass the following order.
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 432/2023 registered with Kasarwadavli Police Station, the applicants shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/- each with one or more sureties each of the like amount.
(c) The applicants shall co-operate with the investigation and attend and meet the investigating officer as and when called for.
(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade them from disclosing the facts to Court or any Police Officer and further, the applicants shall not tamper with the evidence in any manner whatsoever.
(e) The applicant shall furnish details of their residential addresses, contact numbers and e-mail addresses to the investigating officer.
5.
Needless to say, violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of
anticipatory bail. It is clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicants in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order. 6.
The undertaking of respondent no.2 submitted orally through their advocate that within one year, they will complete the entire process of cancellation of two agreement of sale dated 12 September, 2023, is accepted. Further, if the said process is not completed within one year from today, the amount deposited by the applicants in this Court, is permitted to be withdrawn by the applicants. If the process is completed within one year and the first informant cooperates with quashing proceedings of FIR filed by the applicants, the first informant is permitted to withdraw the amount deposited by the applicants in this Court, with accrued interest. 7.
The anticipatory bail application is disposed off. 8.
In sequel, interim application, if any, also stands disposed off.
(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 29/04/2025 11:37:08