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Bombay High CourtAPPP/244/2019others disposed off

Avinash Basawantrao Bhosale v. The State Of Maharashtra

2019-03-18Hon'Ble Shri Justice P.N. Deshmukh2 pages

2.APPP.244.19 in BA.2216.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 244 OF 2019 IN BAIL APPLICATION NO. 2216 OF 2017 Avinash Basawantrao Bhosale ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Murtuza Najmi, Mr. Pritesh A. Burad, Mr. Akash Pamnani for the Applicant.

Ms. A.A. Takalkar, A.P.P. for the Respondent - State. CORAM : P.N. DESHMUKH, J.

DATED : 18th MARCH, 2019.

P.C. :

This Application is taken out for grant of time to comply with conditional order passed by this Court dated 10.08.2018 in Bail Application No.2216 of 2017 praying for clubbing installments Nos.1 and 2 together and, thereafter, to pay further two installments as according to the applicant, though he was excepting funds to be generated which were to be paid with the registry of this Court. As he did not receive the funds, prays that application be allowed.

Learned Counsel for applicant submits that by order dated 10.08.2018 applicant on being released on bail, was directed to pay Waghmare 1/2

2.APPP.244.19 in BA.2216.17.doc Rs.50 lakh within period of six months. However, for above stated reason, he could not pay the same. The period of six months thus expired on 21.02.2019. Application is taken out before expiry of said period of six months. In that view of the matter and in view of the fact that application is considered only on the statement made by applicant to show his bonafide, without going into merits thereof and had come out with a case to deposit amount as mentioned in the sub-clause-b of para No.3 of his affidavit. Application is liable to be allowed as per order passed below :

ORDER

i) Applicant shall deposit total amount of installments at Sr Nos.1 and 2 to the extent of Rs.1,50,00,000/- on or before 21.04.2019 and shall deposit remaining two installments of Rs.1 crorer and Rs.84,19,268/- as 3rd and 4th installments within two months from 21.04.2019 and, thereafter, within two months from the 3rd installment. ii) Application stands disposed of as allowed in above terms. (P.N. DESHMUKH, J.) Waghmare 2/2