HIGH COURT OF BOMBAY
RAJENDRA VINAYAK ALMALE AND ANOTHER – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent
APPLN 2972/2021
(1)
924 ABA-1354.2021.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
924 ANTICIPATORY BAIL APPLICATION NO.1354 OF 2021
WITH APPLN/2972/2021 IN ABA/1354/2021
GOWARDHAN NARSINGHDAS PALLOD
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. Satish Manale, Advocate for the applicant.
Mr. A.V. Deshmukh, A.P.P. for respondent - State.
Mr. Chandrakant Patil, Advocate assisting the PP.
...
CORAM :
PRAKASH D. NAIK, J.
DATE :
17-12-2021
ORDER :
1.
The applicant is seeking pre-arrest bail in Crime
No.507/2021 registered with Gandhi Chowk Police Station, District
Latur for the offences punishable under Sections 403, 406, 409, 417,
420 read with Section 34 of the Indian Penal Code.
2.
Private complaint was filed by Rajendra Vinayak Almale
and Manohar Vitthalrao Veer before the Court of learned Chief
Judicial Magistrate at Latur. In pursuant to directions under Section
156 (3) of the Code of Criminal Procedure (for short “Cr.P.C.”), F.I.R.
was registered.
3.
Learned Advocate for the applicant and complainant
Rajendra Vinayak Almale submitted that the parties have arrived at
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924 ABA-1354.2021.odt
amicable settlement and the dispute has been resolved. Affidavit
has been filed before the Court of learned Magistrate seeking
compromise under Section 320 of Cr.P.C. Photo copy of the affidavit
is produced alongwith order passed by learned J.M.F.C. Latur in the
said proceeding on 8th December 2021. Affidavit of Rajendra
Vinayak Almale mentions that the complainant Nos.1 and 2 and
accused Nos.1 to 3 have mutually compromised the matter outside
the Court to maintain future healthy business relations amongst
them and the accused have agreed to return the amount towards
Soyabean purchased to Rajendra Vinayak Almale and Manohar
Vitthalrao Veer. Complainants, on receipt of due from the accused,
have no grievance against them and are ready for mutual voluntary
compromise. Learned Magistrate then proceeded to pass order on
8th December 2021 stating that the complainant had filed present
case under Section 156 (3) of Cr.P.C. in which directions were
issued to investigate and report is filed. Since the purpose of
complaint is served, the case is disposed of.
4.
In view of the above, relief prayed in this application can
be granted. Hence, the following order.
ORDER
(i)
ABA No.1354 of 2021 is allowed.
(ii)
In the event of arrest of applicant in Crime
No.507/2021 registered with Gandhi Chowk Police
Station, District Latur, applicant be released on bail
on executing P.R. bond in the sum of Rs. 25,000/-
with one or more sureties in the like amount.
(3)
924 ABA-1354.2021.odt
(iii)
ABA No. 1354 of 2021 and Criminal Application
No.2972 of 2021 stand disposed of.
(PRAKASH D. NAIK, J.)
VD_Dhirde