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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1571 OF 2022

WITH

INTERIM APPLICATION NO. 2302 OF 2022

Avinash Lala Barne and anr.

…..Applicants

V/s.

State of Maharashtra

….Respondent

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Mr. Sandeep S. Salunkhe, Advocate for the applicants.

Mr. A.A. Palkar, APP the State,

Mr. N.R. Bubna, Advocate for respondent no.2 and for

applicant in IA-2302-2022 and for applicant in I.A.

CORAM : SANDEEP K. SHINDE, J.

MONDAY 14TH NOVEMBER, 2022.

P.C. :

1.

Heard learned Counsel for the parties.

2.

Applicant is a Developer. Complainant and his

wife, booked a flat in a project floated by the applicants.

That since possession was not handed over, grievance was

made to the MAHA RERA. A settlement was arrived, whereby

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the applicants paid Rs.10,00,000/- to the first informant and his

wife. That since possession was not handed over in time, the

crime in question came to be registered against the

applicants under Sections 406, 420, 468 and 471 of the Indian

Penal Code. On that day, learned Counsel appearing for the

applicants, on instructions, made a statement that applicants

were ready to refund the amount paid by the first informant

and his wife alongwith interest at the rate of 9% p.a. or to

deliver the possession of the subject flat free from all

encumbrances, at the option of the first informant.

3.

Mr. Bubna, learned Counsel appearing for the first

informant, on instructions submits that, let the applicants

refund the amount with interest at the rate of 12% p.a. This

submission clearly indicates that the applicant is not

interested in the flat. However, now on instructions, Mr. Bubna,

learned Advocate submitted that, applicants are willing to

take possession of their flats. Mr. Salunkhe, learned Counsel

for the applicants submits that, possession of the Flatys, would

be handed, over to informant within three weeks from today.

In that view of the matter, the application is allowed. Thus,

the following order :

O R D E R

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(i)

In the event of arrest of the applicants in Crime No.

1010/2021 registered with Wakad Police Station, Pune,

they shall be released on bail on executing P.R. Bond in

the sum of Rs.25,000/- (Rs. Twenty Five Thousand only)

each with one or more sureties in the like sum.

(ii) Applicants shall report to the Investigating Officer as

and when called.

(iii) Applicants shall furnish residential address, as well

as, contact details to the Investigating Officer.

(iv) Applicants shall not tamper with the evidence or

attempt to influence or contact the complainant,

witnesses or any person concerned with the case.

4.

The application alongwith all pending applications

therein are disposed of.

(SANDEEP K. SHINDE, J.)

NEETA

SHAILESH

SAWANT

Digitally

signed by

NEETA

SHAILESH

SAWANT

Date:

2022.11.15

12:03:41

+0530