Hiten @ Hitendra Virabhai Patel v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 29 OF 2023 Hiten @ Hitendra Virabhai Patel ...
Applicant
Versus
The State of Maharashtra ...
Respondent .........
Mr. Shailesh Chavan alongwith Mr. Jitendra Sawant and Mr. Sangram Kate for the Applicant.
Mr. V.B. Konde Deshmukh, APP for the State.
.........
CORAM : N.R. BORKAR, J.
DATED : 10 APRIL 2023 P.C. :- .
The Sessions Court by order dated 25 July 2022, below exhibit 236 in Spl. (MPID) case No. 317 of 2020, had released the applicant on regular bail, who is an accused in Crime No.26 of 2020 registered at Shivaji Nagar Police Station for the offences punishable under Sections 406, 408, 409, 420, 468, 471, 109, 120-B, 465, 467, 474 r/w. 34 of Indian Penal Code and Sections 3, 4, 5 of the Maharashtra Protection of Interest of Depositors Act. The operative order read thus : "
ORDER
1] Application Exh.236 is hereby allowed as under :- a] Applicant Hiten @ Hitendra Virabhai Patel be released on bail on depositing Rs.2,20,00,000/- (Rs. 1 / 8
Two Crores Twenty Lakh Only) in Court and on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in like amount on following conditions :- b] The applicant/accused shall deposit the remaining amount Rs.2,27,29,960/- (Rs. Two Crores Twenty Seven Lakhs Twenty Nine Thousand Nine Hundred Sixty only) within six months from the date of release from jail.
c] The applicant/accused shall furnish undertaking on affidavit that he will deposit the remaining amount as per above directions.
d] The applicant shall attend the Court on each and every date of hearing till final disposal of the case. e] He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
f] He shall not pressurize the prosecution witnesses.
g] He shall not leave the India without permission of the Court."
2.
The learned counsel for the applicant has tendered on record, the undertaking of the wife of the applicant dated 06 April 2023. For ease of reference, the said undertaking is scanned and reproduced hereunder : 2 / 8
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3.
In view of the above undertaking and as the applicant is in jail for more than 11⁄2 years, I am inclined to modify the order passed by the Sessions Court. Hence, the following order is passed : (i) Application is allowed.
(ii) The order of the Sessions Court (Special Court) dated 25 July 2022 to the extent of directing the applicant to deposit Rs.2,20,00,000/- before release and Rs.2,27,29,960/- within six months from the date of his release and directing the applicant to file undertaking to that effect, is set aside.
(iii) The prosecution is at liberty to file application for cancellation of bail if the undertaking filed before this Court is breached. (iv) The liquidator - Shivajirao Bhosale Co-operative Bank is permitted to withdraw the amount of Rs.50 Lakhs deposited by the present applicant before the Special Court.
(v) The amount as per undertaking shall be deposited with the liquidator of Shivajirao Bhosale Co-operative Bank. (vi) Application is disposed of.
( N.R. BORKAR, J. ) 8 / 8