Allowed

Kailash Rajendra Gehlot v. the State of Maharashtra

Bombay HC22 Mar 2019ABA/450/2019

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicant apprehending arrest under Section 420 IPC for an amicably settled dispute, with specific conditions regarding payment terms and conduct.

What did the court decide?

Application allowed; Applicant to be released on PR bond of Rs. 15,000 with one or two local sureties in event of arrest; conditions imposed against tampering with evidence.

Kailash Rajendra Gehlot Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2019)

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ssm 1 911-aba450.19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 450 OF 2019

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Kailash Rajendra Gehlot ….Applicant. Vs. The State of Maharashtra ….Respondent.

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WITH

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CRIMINAL APPLICATION NO. 375 OF 2019 IN

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ANTICIPATORY BAIL APPLICATION NO. 450 OF 2019

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Mr. Navin U. Sanghvi ….Applicant/ Intervenor.

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IN THE MATTER BETWEEN-

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Kailash Rajendra Gehlot Vs.

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….Applicant.

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The State of Maharashtra ….Respondent.

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Mr. Nilesh Pandey I/by Equa Juris for the Applicant. Ms. J.S. Lohokare APP, for the Respondent-State. Mr. Amit Hire for Respondent Nos. 2 and 3.

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CORAM : A. S. GADKARI, J. DATE : 22^nd MARCH, 2019.

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P.C.:-

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The Applicant is apprehending arrest in CR No. 344 OF

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2018 dated 25^th September, 2018, registered with Bhandup Police

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Station, Mumbai under Section 420 of the Indian Penal Code.

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2 The Applicant is directed to implead Shri. Navin Sanghavi

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ssm 2 911-aba450.19.doc

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and Shri. Vaibhav Sanghavi as Respondent Nos. 2 and 3. Amendment be carried out forthwith.

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3 The learned counsel for the Applicant and the learned counsel for the first informant jointly submitted that, the parties herein have amicably settled the matter and tendered across the bar Consent Terms dated 20^th March, 2019. The said Consent Terms are duly signed by the Applicant, the first informant Shri Navin Sanghavi and his son Shri. Vaibhav Sanghavi the proprietor of M/s. Japanese Polymers and their signatures are identified by their respective Advocates. The said Consent Terms are taken on record and marked “X” for identification.

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4 The clauses of agreement pertaining to the payment to be made to the first informant are accepted as undertakings given to this Court. It is made clear that, the period to make payment mentioned in the Consent Terms shall not be extended on any count. It is further made clear that, even a single default in making payment on stipulated dates shall attract the provisions of cancellation of bail.

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5 In view of the above, the Applicant is entitled to be protected by pre-arrest bail.

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Hence, the following order-

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ssm 3 911-aba450.19.doc

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a) In the event of arrest in CR No. 344 OF 2018 dated 25^th September, 2018, registered with Bhandup Police Station, Mumbai, the Applicant shall be released on bail on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount.

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b) The Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

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c) Application is allowed in the aforesaid terms.

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6 In view of the Order passed in Anticipatory Bail Application No.450 of 2019, the Criminal Application No. 375 of 2019 for intervention does not survive and is accordingly disposed of.

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Kailash Rajendra Gehlot v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kailash Rajendra Gehlot v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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