Bombay High Court
Ashok Shrinarayan Thepade vs The State Of Maharashtra on 4 August, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 10 ABA-1775-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1775 OF 2021
Ashok Shrinarayan Thepade .. Applicant
Versus
The State of Maharashtra & Anr. .. Respondents
...
Mr.Niranjan Mundargi with Mr.Mithilesh Mishra i/b Mr.Yuvraj
J. Bhange-Patil for the Applicant.
Ms.Rutuja Ambekar, APP for the State.
...
CORAM: BHARATI DANGRE, J.
DATED : 4th AUGUST, 2021 P.C:-
1. The applicant alongwith his son Mr.Amit Thepade is Director of M/s. Galaxy Constructions and Contractor Pvt. Ltd.
The company owns a plot of land and adjacent to it, there is one plot belonging to the complainant's company, namely, Yashodeep Construction Pvt. Ltd. The said plots were taken over by the applicant's company for the purpose of development. A development agreement came to be executed to that effect on 06/09/2008. The complaint fled by one Shivajirao Saste, the representative of Yashodeep Construction Pvt. Ltd. alleges certain breach of promise and breach of timeline, as contained in the said agreement. It is on this complaint, an offence came to be registered with Pimpri Chinchwad Police Station, Pune vide C.R.No.768 of 2020, M.M.Salgaonkar ::: Uploaded on - 06/08/2021 ::: Downloaded on - 06/08/2021 22:04:14 ::: 2/3 10 ABA-1775-21.doc invoking Sections 406, 409, 420, 464, 467, 468, 471, 120-B read with Section 34 of the IPC. The applicant alongwith his son came to be arraigned as accused Nos.1 and 2 alongwith the other Directors and offce bearers of the company as well as the offcials of the bank.
2. Learned counsel Mr.Mundargi has relied upon a latest development being of settlement worked out during pendency of the anticipatory bail application of the applicant's son-Amit Thepade. An undertaking/affdavit on oath came to be fled on behalf of Amit Thepade, thereby undertaking to perform certain acts in furtherance of the agreement and further undertaking that the construction shall be completed internally and externally within a period of eleven months, to the satisfaction of the complainant and vacant and peaceful possession, on obtaining completion certifcate from Pune Municipal Corporation, would be ensured. The said affdavit is fled on 29/04/2021. The application of Amit was allowed to be withdrawn in view of the understanding arrived at between the parties. The applicant is also one of the Directors of the said company and the undertaking equally binds him. In such circumstances, it would be appropriate if the complainant is impleaded as respondent and brought before this Court. Mr.Mundargi, in agreement to the said suggestion, makes a statement that he would implead the complainant as respondent to the application and the necessary amendment would be carried out within one week from today. On the complainant being impleaded as respondent, issue notice to him making it returnable on 26/08/2021.
M.M.Salgaonkar
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3. In view of the settlement and the order passed in case of Amit Thepade, accused No.1, investigating agency shall stay their hands off and shall not arrest the applicant. In any case, the applicant has fled Criminal Writ Petition No.851 of 2021 and this Court by order dated 25/02/2021 has directed not to fle the charge-sheet and the said protection continue till date.
4. Re-notify for 26/08/2021.
[ SMT. BHARATI DANGRE, J ] M.M.Salgaonkar ::: Uploaded on - 06/08/2021 ::: Downloaded on - 06/08/2021 22:04:14 :::