JUDGEMENT
R.BANUMATHI,J. -
(1.) We have heard Ms. Kanika Jain, learned counsel appearing for the petitioners and Mr. Anirudha Joshi, learned counsel appearing
for respondent no.2.
(2.) These special leave petitions have been preferred by the petitioners-accused against the cancellation of the anticipatory
bail granted by the High Court for the offences under Sections 420,
506 read with Section 34 I.P.C. The petitioners-accused and the second respondent-complainant have entered into an Agreement
(10.6.2010) for purchase of a flat measuring 653 square meter in
Fatama Heights. The case of the second respondent is that he has
paid the advance amount for purchase of the said flat but the
petitioners-accused have neither parted with the flat nor repaid
the amount. On the complaint lodged by the second respondent, FIR
No.216/15 was registered at Police Station Sir J.J. Marg, Dist.
Mumbai, Maharashtra, under Sections 420, 506 read with Section 34
I.P.C. against the petitioners-accused.
(3.) Earlier the High Court has granted anticipatory bail to the petitioners-accused based on the statement made by the parties that
the parties have amicably settled the matter and the petitionersaccused have agreed/undertaken to pay the amount by way of several
installments. Later, when it was brought to the notice of the High
Court that the petitioners-accused have not complied with the
undertaking, the anticipatory bail granted to the petitionersaccused was cancelled by the impugned order dated 16.08.2019.
Being aggrieved, the petitioners-accused have preferred these
special leave petitions.;
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