Allowed

Sharad Vasudev Khandve and Ors. v. State of Maharashtra

Bombay HC19 Aug 2023ABA/669/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant apprehending arrest under Sections 406, 420, and 34 IPC. The bail is conditioned on furnishing bond, appearance before the investigating officer, and cooperation with the investigation. The matter arises from a property dispute which has since been resolved by the parties.

What did the court decide?

Allowed anticipatory bail on personal bond of Rs. 5,000 with one surety; ordered to remain present for investigation and cooperate with the inquiry.

Sharad Vasudev Khandve and Ors. Vs State of Maharashtra — Cheque Dishonour | Bombay HC (2023)

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43-aba669-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.669 OF 2023

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ATUL GANESH

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KULKARNI

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Digitally signed byATUL GANESH KULKARNI Date: 2023.08.19 17:34:06 +0530

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Sharad Vasudev Khandve & Ors.… Applicants
V/s.

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The State of Maharashtra & Anr.… Respondents

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Mr. Samay Pawar i/by Mr. Nitesh J. Mohite for the
applicants.

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Mr. P.H. Gaikwad, APP for respondent No.1/State.

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Mr. Rushikesh Kale for respondent No.2.

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CORAM :AMIT BORKAR, J.

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DATED:AUGUST 19, 2023

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P.C.:

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1.Apprehending arrest in connection with C.R. No.21 of 2023
registered with Vimantal Police Station, Pune for offences
punishable under Sections 406, 420 read with Section 34 of the
Indian Penal Code, 1860, the applicant is seeking relief of pre-
arrest bail under Section 438 of the Criminal Procedure Code,
1973.

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2.According to prosecution, the applicants are alleged to be
promoters/builders of Row House Scheme under Sapphire Villa
Project at Lohgaon. Informant has booked Row House No.13 in
Saphire Villa Project of applicants, on payment of total Rs.15 lakh
by cheques/in cash out of sale consideration of Rs.26 lakh in the

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43-aba669-2023.doc

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month of February 2022. Applicants did not give the possession of
said row house to him. Applicants have committed criminal breach
of trust and cheated him. Accordingly, first information report
came to be lodged and notice under Section 41-A of the Criminal
Procedure Code, 1973 has been issued against the applicants.

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3.During pendency of the present anticipatory bail application,
the applicants and the informant have resolved their disputes.
Consent terms are filed before this Court on 3 May 2023. The
anticipatory bail application was adjourned to enable parties to
comply with the consent terms. Both the parties jointly state that
consent terms are complied with.

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4. In that view of the matter, I pass following order:

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a) The anticipatory bail application is allowed;

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a)In the event of arrest of the applicants in connection
with C.R. No.21 of 2023 registered with Vimantal Police
Station, Pune for offences punishable under Sections 406,
420 read with Section 34 of the Indian Penal Code, 1860,
they be released on bail on furnishing P.R. Bond in the
amount of Rs.5,000/- each with one surety in the like
amount;

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b)The applicants shall remain present before the
investigating officer as and when called by the concerned
investigating officer;

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c)The applicants shall cooperate with the investigation
and make himself available for interrogation whenever

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43-aba669-2023.doc

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required;

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5.The anticipatory bail application stands disposed of in above
terms. No costs.

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(AMIT BORKAR, J.)

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Sharad Vasudev Khandve and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sharad Vasudev Khandve and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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