Bombay High Court
AMITA DHARMENDRA SINGHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Since the dispute was settled and the complainant raised no objection, the court granted anticipatory bail to the applicant.
Summary
The applicant, Amita Dharmendra Singh, sought anticipatory bail in connection with a criminal case (Crime No. 921 of 2026) arising from allegations by a construction company that she facilitated sale transactions through a broker. The complainant and the applicant entered into a settlement and signed consent terms, which were presented to the court. Both parties, including the intervenor/original complainant, indicated no objection to granting interim protection. The court examined whether the settlement removed any apprehension of arrest and found that it did. Consequently, the court allowed the anticipatory bail, directing release on furnishing a personal bond of Rs. 25,000 with a surety, and ordered the applicant to cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted when the underlying controversy has been settled by the parties.
- Whether the settlement and lack of objection by the complainant remove the apprehension of arrest sufficient to justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(3), 336(3), 338, 340, 3(5)
Subjects
- anticipatory bail
- settlement
- consent terms
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail bond
- cooperation with investigation
Judgment
927-ABA-2309-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2309 OF 2026
Amita Dharmendra Singh …Applicant
Versus
The State of Maharashtra …Respondent
Adv. Waseem Pangarkar (Through V. C.) a/w Adv. Sachin Singh,
Adv. Rohit Pitti i/b MZM Legal LLP, for the Applicant.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
Mr. Sanjeev Kadam, Senior Advocate a/w Adv. Maitreye Shukla
and Adv. Mayank Vira, for Intervenor/Original Complainant.
Mr. Shreyas Oke, Authorised Representative of the Intervenor/
Original Complainant.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 1ST OCTOBER 2026
P.C:-
1. Learned counsel for applicant as well as learned counsel
for intervenor / Original Complainant submits that parties have
settled the controversy and settlement-cum-Consent Terms have
been signed by the complainant as well as applicant.
2. It is pointed out that the offence is registered on the basis
of the report lodged by the Construction Company against its
own Ex-employee alleging that he has completed certain sale
transactions of customers by routing it through another broker
and has sold parking slots.
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3. Pertinent to note, the applicant has earlier expressed
readiness to resolve the controversy as was recorded in order
dated 17th August 2026. Today, copy of the Consent Terms duly
signed by the applicant and authorised representatives of the
company along with their lawyers, is tendered across the bar
and the same is taken on record and marked as Document ‘X’ for
identification purpose. It is also pointed out that the applicant is
present in the Court and representatives of the complainant is
attending the matter through V. C.
4. Having regard to the fact that now the controversy is
settled, the complainant conveys no objection for confirmation
of the interim protection.
5. Hence, in view of this, since the controversy is settled,
there is no question of any apprehension of arrest and the
instant application needs to be allowed.
6. Hence, I pass following order :-
ORDER
(i) The Anticipatory Bail Application is allowed.
(ii) In the event of arrest of this applicant in
connection with Crime No. 921 of 2026
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927-ABA-2309-2026.ODT
registered with Samata Nagar Police Station,
Brihanmumbai, for the offence punishable
under Sections 318(3), 336(3), 338, 340 read
with 3(5) of The Bharatiya Nyaya Sanhita,
2023, he be released on bail on furnishing P. R.
Bond of Rs. 25,000/- (Rupees Twenty Five
Thousand only) with one solvent surety of the
like amount.
(iii) The applicant is directed to extend
co-operation during investigation and trial.
7. Anticipatory Bail Application is disposed of in above
terms.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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