Amar Kesarinath Mhatre v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.832/2025 Pandurang Pundalik Gharat ...Applicant Vs The State Of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.833/2025 Amar kesarinath mhatre ...Applicant Vs The state of maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.834/2025 Siddhesh Navnath Grarat And Anr ...Applicants Vs The State Of Maharashtra

...Respondent

____________________________________ AMOL DILIPRAO NAWALE Adv. Rahul Arote for the Applicants.

Adv. Supriya Kak, APP for the Respondent State. Adv. H. P. Bavkar for the intervenor in ABA832/2025 & ABA/834/2025. Santosh P., API Ulwa Police Station present.

AMOL DILIPRAO NAWALE Date: 2025.04.02 15:36:18 +0530 ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 1 APRIL 2025 P.C.:

1.

These anticipatory bail applications are for pre-arrest bail in connection with C.R. No.0191/2024 registered with Nhava Shiva Police Station for the offences punishable under Section 420, 406, 120-B, 504, 506 read with Section 34 of the Indian Penal Code, 1860. 1.

The learned Advocate for the parties has tendered affidavit-cum-

undertaking dated 31 March 2025. He submits that the affidavit-cumundertaking has been signed by four applicants. The said undertaking is taken on record and marked as "X" for identification. All statements made in undertakings are accepted as undertaking to this Court. All undertakings are also accepted.

2.

For ease of reference, the said affidavit cum undertaking is scanned and reproduced hereinbelow :

3.

This Court is not a forum to settle the financial dispute between the parties. By the consent of both counsels, as they have themselves stated that the matter has been settled between them. Following is recorded at their instance.

4.

The dispute between the parties has been settled, with the informant accepting a sum of Rs.1,75,00,000/- from the applicants. The informant had previously paid a sum of Rs.95,00,000/- by cheque to the applicant-Pandrung Pundalik Gharat, and an additional sum of Rs.31,00,000/- in cash.

5.

To demonstrate their bona fides, the applicants have deposited a sum of Rs.20,00,000/- with this Court. Additionally, the applicants have agreed to pay a sum of Rs.58,00,000/- to the informant from the amount of Rs.58,60,000/- currently lying in GP Parsik Sahakari Bank Limited. The remaining amount will be paid to the informant in installments, as detailed in the undertaking in paragraph No.5. 6.

Furthermore, the applicants submit that if, for any reason, Plot No.380, admeasuring 650 square meters at Ulve Node, is not sold, they will arrange to pay the outstanding balance from other sources. If they are able to sell the plot promptly, they will immediately clear the remaining outstanding amount to the informant as stated in the undertaking.

7.

In view of the same, the present anticipatory bail applications stands allowed with the following conditions :

ORDER

(a) The anticipatory bail application is allowed (b) In the event of arrest of the Applicants C.R. No.0191/2024 registered with Nhava Shiva Police Station for the offences punishable under Section 420, 406, 120-B, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The Applicants shall be released on bail furnishing P.R. bond to the extent of Rs.30,000/- with one or more sureties of the like amount.

(c) The Applicants shall co-operate with the investigation and attend the investigating officer of the concerned police station on 3 April, 4 April 2025, 10 April 2025 and 11 April 2025 between 11.00 a.m to 1.00 p.m., thereafter as and when called.

(d) The Applicants shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicants shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(f) The Applicants and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

(g) The informant is permitted to withdraw a sum of Rs.20,00,000/- in this Court along with accrued interest.

(h) The applicant-Pandurang Pundalik Gharat, is permitted to transfer a sum of Rs.58,00,000/- from his Account No.002011300002526, maintained with GP Parsik Sahakari Bank Ltd., Belapur Branch, Navi Mumbai. For this purpose, the police authority shall defreeze the said account of the applicant-Pandurang Pundalik Gharat, for the limited purpose of enabling him to transfer the sum of Rs.58,00,000/- to the informant's account. The investigating officer shall provide the necessary assistance to both the applicants and the informant for this purpose.

8.

In view of the above, the present Anticipatory Bail Applications are disposed of.

9.

All parties to act on authenticated copy of this order. (RAJESH S. PATIL, J.)