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Bombay High CourtAPEAL/253/2023disposed off

Subhash Venkatesh Kamat v. State Of Maharashtra

2023-03-20Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.253 OF 2023 Subhash Venkatesh Kamat .. Appellant Vs.

The State of Maharashtra .. Respondent Mr. Ashok Kumar Dubey, with Ms. Aarti Kushwaha, Ms. Shweta Yadav and Ms. Swati Kamble, i/by SAVJ Law Solutions, for the Appellant. Ms. M.H. Mhatre, APP for the Respondent-State. CORAM : SUNIL B. SHUKRE & ABHAY S. WAGHWASE, JJ TH MARCH, 2023.

DATE : 20 P.C. :

1.

Heard.

2.

ADMIT.

3.

Heard finally by consent of learned counsel for the appellant and learned APP for the respondent-State.

4.

A report is submitted to this court by Economic Offences Wing, Unit-3, Pune City, which is taken on record and marked "A" for identification. It states that the entire amount, as assured by the appellant, has been deposited by him in the Escrow Account. Such deposit fulfills condition no.[A] of the bail order dated 25 th January 2016 passed by the learned Special Judge and District Digitally signed by SNEHA ABHAY DIXIT Date:

2023.03.21 15:12:39 +0530 1/2 Dixit SNEHA ABHAY DIXIT 27-APEAL-253-2023.doc

Judge-01, Pune (Under MPID Act). If that be so, no purpose would be served by upholding the orders dated 11 th January 2018 and 31 st January 2023, which are impugned herein.

5.

We therefore allow the Appeal and the orders dated 11 th January 2018 and 31 st January 2023 are hereby quashed and set aside and the order dated th January 2016 passed by the learned Special Judge and District Judge-01, Pune (Under MPID Act) Court in Case No.MPID/01/2014 is restored on the same conditions as are stated therein, unless any of the conditions is already fulfilled by the appellant. The trial of Case No.MPID/01/2014 is expedited. 6.

Appeal is allowed on the above terms.

[ ABHAY S. WAGHWASE, J. ] [ SUNIL B. SHUKRE, J. ] 2/2 27-APEAL-253-2023.doc Dixit