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Bombay High CourtABA/2037/2025allowed

Bharat Shankar Paryani v. State Of Maharashtra

2025-07-24Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Chitra Sonawane 901-ABA-2037-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2037 of 2025 Bharat Shankar Paryani ... Applicant.

Vs.

The State of Maharashtra ... Respondent. --- Mr Piyush Toshnival i/by Mr Ashish Pawar for the applicant.

Mr SM Mangaonkar, APP for the respondent / State. PSI Pankaj Khopde, Kondhwa Police Station.

--- Coram : R.N.Laddha, J.

Date : 24 July 2025.

P.C. :

The learned Counsel for the applicant submits that January 2024, the complainant lodged a police complaint against the applicant at Kondhwa Police Station. Pursuant to this, on 27 January 2024, the applicant's statement was recorded by the Investigating Officer. In the said statement, the applicant undertook to repay the entire outstanding amount to the complainant in monthly installment of Rs.20,000/-. Following this commitment, the complaint was amicably resolved and disposed of through a mutual settlement between the parties. In accordance with the Page No. 1 of 3

Chitra Sonawane 901-ABA-2037-25.doc settlement terms, the applicant commenced making monthly payments of Rs.20000/- to the complainant. However, despite this ongoing compliance, the complainant subsequently initiated a private complaint before the learned JMFC. Based on the directions issued by the learned Magistrate in that private complaint, the present FIR has been registered against the applicant. The learned Counsel further submits that the applicant has consistently adhered to the settlement terms and has been regularly making payments of Rs.20,000/- per month to the complainant from January 2024 up to the present date. 2.

The learned Counsel argues that there was never any dishonest intention on the part of the applicant to defraud or cheat the complainant. The delay in repayment, if any, occurred due to financial setbacks suffered by the applicant. Nevertheless, following the settlement, the applicant resumed and has continued the agreed monthly payments of Rs.20,000/- without interruption. Up to the date of registration of present FIR, the applicant had paid a total sum of Rs.4,25,000/- to the complainant. Furthermore, between 30 November 2024 and 30 June 2025, the applicant made additional payments amounting to Page No. 2 of 3

Chitra Sonawane 901-ABA-2037-25.doc Rs.1,60,000/-, thereby bringing the cumulative amount paid to Rs.5,85,000/-. The applicant remains committed to fulfilling his obligations under the settlement and is willing to pay the remaining balance of Rs.13,96,000/- in monthly installments of Rs.20,000/- to the complainant. 3.

The learned Counsel also seeks leave to implead the first informant as a party respondent to this application. Leave granted as prayed. Necessary amendment shall made within one week from today. After the amendment is carried out, issue notice to the newly added respondent. 4.

By consent stand over to 22 August 2025. In the meantime, the applicant shall attend the concerned police station on 4, 5 and 6 August 2025, between 11:00 a.m. and 2:00 p.m., and cooperate with the investigation. There shall not be any coercive action against the applicant in the present case till the next date.

[R. N. Laddha, J.] Page No. 3 of 3