SURESH MENGHRAJ SHROFFversusTHE STATE OF MAHARASHTRA

                                                       917-ABA-2340-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2340 OF 2026
Suresh Menghraj Shroff                                      ...Applicant
           V/S.
The State Of Maharashtra                                    ...Respondent
_____________________________________________________________
Adv. Pravada Raut a/w Lisa Das i/b Shraddha Dubey Patil, for the
Applicant.
Adv. Prasanna P. Malashe, APP for the Respondent – State.
Adv. Abhishek Puranik, for the Intervenor.
PSI – Mr. Umesh Jadhav, D. N. Nagar Police Station, Mumbai is present.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 09TH OCTOBER, 2026.

P.C. :-

1.        Heard learned counsel for the applicant as well as learned APP for

the respondent-State and learned counsel for the informant / complainant.

2.        The applicant is apprehending arrest in connection with Crime

No. 678 of 2026 dated 21.06.2026, registered with D. N. Nagar Police

Station for the offence punishable under Sections 111 and 316(5) read with

Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.

3.        The FIR is lodged on the basis of allegations made by the

complainant alleging cheating by the accused persons with respect to the

transactions about purchase of a flat in the scheme of the applicant. The

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offence is registered against two accused persons who are developers and

who have undertaken the work of development of the building.

4.        Learned counsel for the applicant submits that the applicant is

arraigned as accused no.1 and that the entire project was handed over to

accused no.2, as reflected in the consent terms dated 09 th May, 2024

submitted before this court in Commercial Execution Application(L) No.

15176 of 2023 (Exhibit- F). She submits that the offence is registered in the

background of commercial disputes in between the complainant and the

developer and that since the entire responsibility for development has been

shouldered upon the accused no.2, the allegations of cheating against this

applicant does not survive. By inviting attention to the consent terms

recorded in Commercial Execution Application (L) No. 15176 of 2023 (at

Exh. F) and the order passed by this Court in Commercial Execution

Application (L) No. 15176 of 2023 dated 29th July, 2024, learned counsel for

the applicant points out that the offence is registered in the background of a

commercial dispute in between the complainant and the applicant.

5.        Apart from this, learned counsel for the applicant submits that

during pendency of the instant application, the applicant and the complainant

have settled their disputes and a document of ‘Consent Terms’ is signed by

the parties on 08th September, 2026. It is pointed out that, in accordance with

the said consent terms the informant has categorically stated that he does not

want to pursue the said FIR bearing FIR No. 678 of 2026 against this


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applicant and in view of this, learned counsel for the respondent no.2,

submits that he has no objection for confirmation of the interim protection

granted in favour of the applicant. A copy of the consent terms is tendered

across the bar. The same is taken on record and marked as document “X” for

identification purposes.

6.        Although learned APP has submitted that there are criminal

antecedents against this applicant, considering the fact that in the instant

case, the controversy is compromised in between complainant and the

applicant and the complainant has clearly conveyed that he does not want to

prosecute the applicant, the interim protection granted by this Court needs to

be confirmed. Accordingly, the instant application needs to be allowed and

the interim protection granted by order dated 25th August, 2026 needs to be

confirmed subject to certain conditions.

7.        Hence I pass the following order :

                              : ORDER :

            i]    Anticipatory Bail Application is allowed.

            ii]   In the event of arrest of the applicant

            in Crime No. 678 of 2026 registered with

            D.      N.      Nagar       Police      Station,

            Bhrihanmumbai (City) for the offence

            punishable under Sections 111 and 316(5)

            read with Section 3(5) of Bharatiya Nyaya

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               Sanhita (BNS), 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 shall extend cooperation

               during investigation and trial.

8.        Accordingly, the Anticipatory Bail Application is allowed and

disposed of.




                                         (PRAFULLA S. KHUBALKAR, J.)




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