BARKAT ALI JIVABHAI BARADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Sorankar for applicant and A.P.P. for prosecution.

(2.) PERUSED the application and the annexures thereto.

(3.) APART from the materials produced, additionally, Mr.Sorankar upon taking instructions from the applicant, makes a statement that the applicant is willing to refund the amount of Rs.36.50 lakhs which was received pursuant to the agreement with the complainant. In my view, the disputes arising out of the agreement/MOU for to development at site are not matters which could be made subject matter of criminal proceedings. Prima facie, this is a case of breach of obligations of parties under the same, so also, a civil suit at the instance of the present applicant is pending. In these circumstances, in my view, applicant deserves pre-arrest bail. Accordingly, following order:-