Bharatkumar Dayalal Malde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 307 OF 2021 IN CRIMINAL APPEAL NO. 91 OF 2021 Bharatkumar Dayalal Malde .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. A.R. Shaikh for the Applicant.

Mr. P.H. Gaikwad, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 30th NOVEMBER, 2021.

P. C. :- .

By order dated 02/02/2021, this Court (Coram : REVATI MOHITE DERE, J.) had suspended the sentence and enlarged the Applicant on bail. One of the conditions of bail order was to deposit 50% of the amount in the trial Court within eight weeks from the date of the order.

2.

The Applicant had sought extension of time to deposit 50% of the fine amount. By order dated 25/03/2021, this Court extended the time to deposit 50% of the fine amount by six weeks from the date of the order.

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3.

The fine imposed by the trial Court on the Applicant is Rs.23,00,000/-. In terms of the order dated 02/02/2021 & 25/03/2021, the Applicant was required to deposit fine amount of Rs.11,50,000/- within six weeks from the date of the order. The Applicant did not deposit 50% of the fine amount within six weeks which expired in the month of May, 2021. The Applicant had not sought further extension of time nor modification of the order. Hence, show cause notice was issued to the Applicant as to why the bail order should not be cancelled for breach of condition no.(iii) of the order dated 02/02/2021 read with condition no.(ii) of paragraph no.2 of the order dated 25/03/2021.

4.

Mr. A.R. Shaikh, learned counsel for the Applicant, under instructions, states that the Applicant is in financial crisis. He states that the Applicant is ready to show his bonafides by depositing Rs.50,000/- today before the trial Court and Rs.1,00,000/- within a period of one week from today. He further states that the Applicant shall deposit the balance fine amount within a period of six weeks from the date of this order. The statement is accepted. 5.

In the light of the said statement, no further order. It is made 2/3

clear that in the event, the Applicant does not deposit the fine amount within six weeks from the date of this order, the bail granted to the Applicant by this Court vide order dated 02/02/2021 shall stand cancelled.

PREETI H JAYANI 6.

Interim Application stands disposed of in above terms. PREETI H JAYANI Date: 2021.12.04 12:13:38 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3