1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.339 OF 2009 Pradeep Pushpakant Goragandhi .. Applicant. Vs. State of Maharashtra & Anr. .. Respondents. Mr.A.P.Mundargi, Senior Counsel i/b Mr.Aabad H.H.Ponda for the applicant. Mr.G.W.Mattos for respondent no.3. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH MAY, 2009. DATED : 5TH MAY, 2009. DATED : 5TH MAY, 2009. P.C.: . Heard learned senior counsel for the applicant, learned counsel for respondent no.3 and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.130 of 2007 of V.P.Marg police station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 420 of IPC. 3. I have heard learned counsel for the parties for sometime and they have fairly stated that I need not record detail reasons for granting this application. On 26th March, 2009, this court passed the following order: 2 2 2 "1. Counsel for the applicant has filed an undertaking in which he has stated that an amount of Rs.84 lacs, which was orally informed to the Court, as an amount due and payable by the applicant, will be paid on/or before 30.4.2009. Undertaking given by the applicant is accepted. No further extension shall be granted for payment of this amount. 2. Counsel appearing on behalf of the MHADA Authorities has now filed an affidavit and in the said affidavit in para 2, it is now claimed that balance interest which is due and payable as per MHADA policy is @ Rs.13.5% and late fee payable is Rs.43,18,204/-. This is disputed by the Counsel for the applicant. According to the applicant, an amount of Rs.84 lacs approximately is due and payable by the applicant. After the said amount is paid by the applicant on/or before 30.4.2009 as per the undertaking given by him to this Court, the said issue about interest shall be taken into consideration, after hearing both sides. Interim order to continue. Applicant and other members in whose names the flats are alloted shall not create any third party rights in respect of the said flats. Stand over to 5.5.2009." 4. Today, the learned counsel for the applicant and MHADA submit that as of today Rs.32,90,164/- is the amount which is due and payable by the applicant to MHADA towards interest and if the amount is paid, perhaps it may put an end to the civil dispute between the applicant and MHADA, pending in this court. Mr.Mundargi, on instructions, from his client states that the applicant is prepared to deposit the amount of Rs.32,90,164/- within a period of 12 weeks from today with MHADA unconditionally. Mr.Mattos, learned counsel for MHADA submits that on receipt of the aforementioned amount MHADA is prepared to handover 3 3 3 possession of 13 tenements at Pratiksha Nagar, Sion, as agreed, to the Commissioner of Police. The statements of learned counsel for the parties are accepted. Insofar as the instant case is concerned, Mr.Saste, learned A.P.P. submits that in view of the statements of the learned counsel for the applicant and MHADA, the Commissioner of Police, after getting possession of the tenements, will take appropriate decision, whether to withdraw the criminal complaint against the applicant. In the circumstances this application is allowed. . In the event of arrest, the applicant be released on bail in the sum of Rs.25,000/- with one or two sureties in the like amount subject to the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure. Further, the applicant is directed to report to the concerned police station as and when called. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)