Allowed

Nazir Ismail Haji Mansoori v. State of Maharashtra

Bombay HC4 May 2023ABA/317/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application in a cheating and criminal breach of trust matter. The court allowed bail on the condition that the applicant comply with the settlement terms, including payment of damages and quashing of the FIR, acknowledging the justices efforts in settling the dispute.

What did the court decide?

Anticipatory bail allowed on furnishing PR bonds of Rs.25,000/- with sureties, reporting to IO, and other personal conditions of bail.

Nazir Ismail Haji Mansoori Vs State of Maharashtra — Cheque Dishonour | Bombay HC (2023)

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Megha 4_aba_317_2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.317 OF 2023

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Digitally signed by MEGHASPARAB MEGHA SPARABDate:2023.05.04 18:35:27 +0530

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Nazir Ismail Haji Mansoori ...Applicant

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Versus

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The State of Maharashtra ...Respondent

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Mr. Vishal Deshmukh i/b. Mr. Avdhut Hingne for the Applicant.
Mr. Mehboob Shaikh for the original Complainant.
Mr. S.V. Gavand, APP for the Respondent No.1-State.

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 CORAM: SMT. ANUJA PRABHUDESSAI, J.
 DATED : 4th MAY, 2023.

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P. C. :-

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1.The Applicant apprehends arrest in C.R. No.392 of 2022

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registered with Bandra Police Station, Mumbai, for the offences
punishable under Sections 406 and 420 of the IPC.

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2.In the course of the hearing the Applicant and the First

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Informant had expressed their desire to resolve the dispute amicably.
With consent of the parties, Mr. Gavand, learned APP were directed to
assist the parties in arriving at settlement. Accordingly, settlement talks
were held. Learned counsel for the Applicant and the First Informant
state that with assistance of Mr. Gavand, the parties have now arrived

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Megha 4_aba_317_2023.doc

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at amicable settlement. They have placed on record the consent terms,

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which read thus:-

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CONSENT TERMS

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(i) The Applicant has agreed to pay an amount of Rs. 30,00,000/- to the first informant as and by way of full and final settlement of dispute between them and the First informant hereby

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accept to receive the said amount as and by
way of full and final settlement of dispute

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between them;

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(ii) The payment of said amount of Rs. 30,00,000/-

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shall be made in following manner by the Applicant to the First informant in following manner

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(a) The First informant hereby accepts that he has already received an amount of Rs.

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3,00,000/- (Three Lakhs Only) from the Applicant

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(b) The Applicant has already deposited an

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amount of Rs. 22,00,000/- (Twenty-two

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Lakhs only) in this Hon’ble Court and the

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Megha 4_aba_317_2023.doc

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First Informant have liberty to withdraw

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the said amount of Rs. 22,00,000/-
(Twenty Lakhs Rupees Only) from the
Registrar of Criminal Appellant Side of
High Court Bombay; however the said
amount can be withdrawn by the first
informant upon filing of consent affidavit
for quashing of FIR as mentioned
hereinbelow.

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(c) The applicant/accused shall pay the balance sum of Rs. 5,00,000/- (Five Lakhs Rupees Only) to the original complainant in 15 days from the date of the signing of the present consent terms consent terms.

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(iii) It is agreed by and between the parties that

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upon receiving entire amount of Rs.
30,00,000/- as stated in the present consent
terms; the three agreements executed between
the applicant and first informant and his
daughter in law in respect of three shops on

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Megha 4_aba_317_2023.doc

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three stamp Papers bearing No. 1) AL 396408

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dated 24th Sep 2018 of Rs. 14,00,000/-
(Fourteen Lakhs Rupees Only) 2) AR 915731
dated 26th June 2019 of Rs. 16,50,000/-
(Sixteen Lakhs Fifty Thousand Rupees Only) 3)
VV 508625 dated 05th October 2019 of Rs.
20,00,000/- (Twenty Lakhs Rupees Only) shall
be ineffective and the first informant and or
anybody claiming through him, his legal heirs,
relatives, his assigns shall not claim any right
whatsoever on the basis of the said agreements
before any authority in any manner and the
first informant shall return the original three
agreements to the applicants

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(iv) On the basis of assurances given by the Applicant to the First Informant in the present consent terms, the First informant has no objection for granting anticipatory bail to the Present Applicant;

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(v) On the basis of assurances given by the Applicant to the First informant in the present

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Megha 4_aba_317_2023.doc

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consent terms and upon payment of last
instalments, the First informant shall withdraw

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the allegations made by him against the
applicant and upon filing of a petition for
quashing of FIR and / or charge sheet the first
informant shall appear before the Hon’ble High
Court and give her no objection for quashing of
FIR and / or charge sheet against the applicant
and his parents.

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(vi) That the present consent terms shall be is effective and enforceable from the date of its execution and shall remain effective and binding on both the parties.

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(vii) That it has also been agreed between the parties that they will adhere to the terms and conditions of this Settlement and will do all acts necessary for the expeditious compliance of the same and shall cooperate with each other for strengthening the marital tie and for keeping the same intact in the interest of both the parties.

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Megha 4_aba_317_2023.doc

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(viii) That the contents of this consent terms

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have been read over and explained to both the
parties and they have understood the same to
be true and correct and both the parties have
executed this consent terms bonafide,
voluntarily and out of their own free will and
consent, without any force, pressure, duress,
threat, fraud, coercion, misrepresentation,
collusion or undue influence, whatsoever.

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(ix) That both the parties to the present consent terms undertake that they shall duly perform and abide by all the terms and conditions as contained in the present Consent terms and in case of breach of any of the terms and conditions as envisaged hereinabove, the party committing default shall be liable to be punished under the provisions of Contempt of Courts Act, 1971.

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(x) That both the parties hereby agrees that upon due compliance of present consent terms, both the parties and / or anybody claiming through

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Megha 4_aba_317_2023.doc

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them, their legal heirs, relatives, their assigns

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shall not file any future civil or criminal

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litigation against either side in respect of the

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subject agreement referred to in the present

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consent terms

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(xi) That all the pending disputes and differences

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between the parties have been fully and finally
settled.

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3.Matter was listed yesterday. Mr. Gavand, learned APP

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states that the First Informant was present in the court yesterday and
that he has signed the consent terms and in presence of his counsel.
The consent terms are also signed by the Applicant and his counsel.
The terms are agreeable to the parties. The Consent Terms are taken
on record and marked ‘X’ for identification. The statements made
therein are accepted as an undertaking to the Court. Since the parties
have arrived at an amicable settlement, this is a fit case to exercise
discretion under Section 438 of the Cr.P.C.

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4.Under the circumstances, the application is allowed on the
following terms and conditions:-

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Megha 4_aba_317_2023.doc

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(i) In the event of arrest of the Applicant in C.R. No.392

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of 2022 registered with Banbdra Police Station,

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Mumbai, the Applicant shall be released on bail on
furnishing PR bonds in the sum of Rs.25,000/- with

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one or two sureties to the like amount;

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(ii) The Applicant shall report to the Investigating

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Officer as and when required by the Investigating Officer;

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(iii) The Applicant shall keep the Investigating Officer

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informed of his current address and mobile contact
number, and/or change of residence or mobile
details, if any, from time to time.

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5. The application stands disposed of.

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6. This Court acknowledges and appreciates the efforts taken

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by Shri Gavand, learned APP in assisting the parties in arriving at an
amicable settlement and in formulating the consent terms.

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 (SMT. ANUJA PRABHUDESSAI, J.)

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Nazir Ismail Haji Mansoori v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nazir Ismail Haji Mansoori v. 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

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