Suraj Sangamlal Shukla And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 542 OF 2025 Suraj Sangamlal Shukla and Anr.

...Applicants V/s.

The State of Maharashtra and Anr.

...Respondents

Mr. Datta Mane, a/w Rabindra Yadav, Advocate for the Applicants. Mr. T. G. Khan, APP for the Respondent/State. Mr. Mahesh R. Patil, a/w Mr. Tarun S. Sharma Ms. Sakshi Mishra & Hansraj Solanki, Advocate for Respondent No.2. Mr. Mahesh Patil, Advocate for Original Complainant/Intervener.

CORAM

:

N.R. BORKAR, J.

DATE :

23.09.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicants are apprehending their arrest in Crime No. 5 of 2025 registered at Mira Road Police Station, Dist-Thane for the offences punishable under Sections 406, 420, 465, 467 & 471 read with 34 of the Indian Penal Code, 1860.

3.

It is the case of the prosecution that the applicants alongwith other accused persons gave false assurance to the 1/4

informant about purchase of flat No. 2203, Puranik City, Mira Road and accordingly the informant paid Rs. 48,71,000/-. Subsequently, the applicants prepared bogus MoU and endorsed the amount. When the informant realized that the applicants have defrauded the informant, he demanded his money back. To this request of the informant, the applicants prepared an MoU and gave Rs.10,00,000/- cheques which were bounced. Hence, FIR was lodged.

4.

I have heard the learned counsel for the applicants, learned APP for the respondent-State and the learned counsel for the respondent No.2.

5.

The learned counsel for the applicants and the learned counsel for the respondent No.2-first informant jointly submits that the parties have settled their dispute. The learned counsel for the parties tendered the consent terms, which are taken on record and marked as "X" for the purpose of identification. The consent terms are signed by the parties and their respective advocates. The parties are present and admit the contents of the consent terms.

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6.

On the other hand, the learned APP for the respondentState submits that the State must be compensated appropriately 7.

Prima-facie, dispute between the parties appears to be of civil nature. Considering the fact that the parties have settled the dispute, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicants in connection with Crime No. 5 of 2025 registered at Mira Road Police Station, Dist-Thane for the offences punishable under Sections 406, 420, 465, 467 & 471 read with 34 of the Indian Penal Code, 1860. The applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.

c) The applicants shall pay the amount of Rs.25,000/- to Maharashtra Police Welfare Fund in 3/4

the following bank account within a period of four weeks :

Bank Name. Axis Bank, Acc No.

914010029005759, IFSC Code.

UTIB0000060.

d) In terms of clause 4B of consent terms, the respondent No. 2 is permitted to withdraw the amount of Rs.9,00,000/- deposited by the present applicants with the Registry of this Court e) The application is disposed of in the aforesaid terms.

[N.R.BORKAR, J.] 4/4