Bombay High Court
JAY AVANI BRAHMBHATTversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted on the basis of an amicable settlement and the applicant's compliance with restitution obligations.
Summary
The applicant, Jay Avani Brahmbhatt, was arrested on allegations of misappropriating money from the complainant in a matrimonial dispute. The parties reached an amicable settlement, with the applicant and his mother returning Rs.25,00,000 and agreeing to pay the remaining Rs.42,00,000. Both the State counsel and the respondent's counsel did not object to bail, noting the settlement and the applicant's willingness to comply. The court considered the settlement, the partial restitution, and the lack of objection as sufficient grounds to grant bail. Accordingly, the applicant was released on bail with a cash bond of Rs.25,000 and conditions to appear before police and not tamper with evidence.
Issues considered
- The appropriateness of granting bail when the parties have amicably settled the dispute and partial restitution has been made
- Whether the pending payment of Rs.42,00,000 affects the grant of bail
Subjects
- bail
- amicable settlement
- anticipatory bail
- criminal procedure
- restitution
- court order
Judgment
Digitally
signed by 504-BA-2251-2026.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.22
20:48:16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2251 OF 2026
Jay Avani Brahmbhatt ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Deepak Thakre i/b Mr. Vedang Kulkarni for the Applicant.
Mr. M.S.Sonawane, A.P.P for the Respondent-State.
Mr. Marmik Shah for the Respondent No.2.
PI – Mr. Ghag attached to Malad Police Station, present.
CORAM : SANDESH D. PATIL, J.
DATE : 22nd MAY, 2026
(VACATION COURT)
P.C. :
1. Both the parties have agreed that the matter has been
amicably settled between them. In light of the amicable settlement of
the parties, the learned Counsel appearing for the first informant /
respondent No.2 fairly states that he has no objection if, the
application is allowed.
2. Learned APP Mr. Sonawane also does not dispute this
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position that the matter was amicably settled by the parties as is
reflected in the order passed in Anticipatory Bail Application Nos.
1364 of 2026 and 1362 of 2026.
3. I have perused the copy of the FIR. The allegations against
the present applicant is that the applicant and the complainant were to
get married. The complainant had alleged that the applicant had
usurped fair amount of money from the complainant and that he has
not repaid the same. It is alleged that the applicant and his family has
caused huge financial loss to the complainant.
4. The applicant was arrested on 25 th April, 2026. He is in
jail since then. At the time of hearing of the anticipatory bail
application bearing No. ABA/1364/2026 and ABA/1362/2026 of the
mother and brother of the applicant, it was decided that the matter
would be amicably settled and the amount would be returned back to
the complainant. Infact, an amount of Rs.25,00,000/- has already
been returned by the applicant and his mother back to the
complainant. An amount of Rs.42,00,000/- remains to be paid.
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5. One of the main consideration for granting of bail is that
the matter has been amicably settled between the parties on the
representation of the applicant.
6. In light of the understanding recorded and taking into
consideration that the amount of Rs.42,00,000/- is to be paid by the
applicant to the complainant and further taking into consideration the
fact that the parties have amicably settled the matter, further custody
of the applicant is not required. Hence, the following order is
passed :
ORDER
i) The applicant Jay Avani Brahmbhatt be
enlarged on bail on furnishing P.R. Bond in the sum of Rs.
25,000/- each with one or two local sureties in the like
amount;
ii) Pending the furnishing of sureties, the
applicant be released on temporary cash bail in the sum of
Rs.25,000/-;
iii) The applicant shall attend the concerned Police
Station as and when called for;
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iii) The applicant shall keep the Trial Court
informed of his current addresses and mobile contact
numbers and/or change of residence or mobile details, if
any, from time to time;
iv) The applicant shall not tamper with any
evidence/s, influence the witness/s concerned with the case,
during the said period.
7. Bail Application is accordingly disposed of on the
aforesaid terms.
SANDESH D. PATIL, J.
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