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Nainesh Manilal Panchal v. the State of Maharashtra

Bombay HC13 Jun 2024ABA/1556/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a commercial dispute involving alleged cheating and forgery offenses. The court noted the parties had reached a settlement and the complainant consented to bail and future quashing of the FIR.

What did the court decide?

Released on bail upon furnishing Rs.25,000/- PR Bond with sureties, conditioned to cooperate with investigation and not tamper with evidence or influence witnesses.

Nainesh Manilal Panchal vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2024)

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Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2024.06.22 Chitra Sonawane. 1 02:38:26 9.docx +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Anticipatory Bail Application No.1556 of 2024

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Nainesh Manilal Panchal Age : 37 years, Occ: Business, R/o-Flat No.1701, A-wing, Park Woods, behind D-Mart, Ghodbunder Road, Kaveskar Anand Nagar, Thane

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… Applicant

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Versus

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1.The State of Maharashtra Through Kasarvadawali Police Station.

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Manoj Prabhakar Lohar, Age 50 years, R/at 1403, Tower 2, Aurlis the Twins, Louis Wadi, Thane-400604

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…. Respondents.

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Mr Sachin Thorat for the applicant.

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Ms Rajeshree Newton, APP for the respondent/ State. Mr Abhishek Nagode a/w Dhananjay Bhosale a/w Anuradha Khot for the respondent No.2.

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PSI Sunil Krishna Karnale, Kasarwadavli Police Station, Thane is present.

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Coram : RN Laddha, J. Date : 21 June 2024.

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P.C. –

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Heard the learned Counsel for the parties.

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Chitra Sonawane. 2 9.docx

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This is an application for pre-arrest bail filed by the applicant, apprehending arrest in CR No.846 of 2024, registered at Kasarvadavali Police Station, Thane, for offences punishable under Sections 406, 420, 465, 467, 468, 471, 472 and 506 of the Indian Penal Code.

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Learned Counsel for the parties, in unison, submit that following the rejection of the anticipatory bail application by the Sessions Court, the applicant and the informant have amicably resolved the dispute amicably. The complainant has received the due amount from the applicant and therefore, now he has no grievance against the applicant. The complainant will also extend consent for quashing the FIR in the proposed criminal writ petition, which will be filed by the applicant before this Court. The complainant’s affidavit, expressing consent for granting anticipatory bail to the applicant, is already on record.

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Learned APP submits that necessary orders may be passed in the facts and circumstances of the case.

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Prima facie, the offence apparently originated from a commercial transaction between the informant and the applicant. The parties have now arrived at a comprehensive

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Chitra Sonawane. 3 9.docx

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settlement regarding their dispute, and the complainant consents to grant the applicant an anticipatory bail. The complainant, who is present in the Court, expresses no objection to this. The informant is identified by his Counsel.

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Given the amicable resolution of the dispute, it may be expedient to grant anticipatory bail to the applicant. Hence, the following order.

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(i) In the event the applicant is arrested in connection with CR No.846 of 2024, registered with Kasarvadawali Police Station, Thane, he shall be released on bail on furnishing a PR Bond of Rs.25,000/- with one or more sureties in the like amount. (ii) The applicant shall cooperate with the investigation and not indulge in activities that would tamper with the evidence or influence the witnesses.

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The application stands disposed of accordingly.

Nainesh Manilal Panchal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nainesh Manilal Panchal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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