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Bombay High CourtBA/663/2019bail granted

Sagar Satish Hase v. The State Of Maharashtra

2019-03-01Hon'Ble Shri Justice Prakash D. Naik3 pages

osk 928-ba-663-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 663 OF 2019 Sagar Satish Hase ...

Applicant V/s.

The State of Maharashtra ...

Respondent • Mr.Dilip H. Shukla i/b. Mr.Govind J. Prajapati for the Applicant. • Mrs.G.P. Mulekar, APP for the Respondent.

• Mr.Vikram Chavan, API, DCB CID, Mumbai.

CORAM : PRAKASH D. NAIK, J.

DATE : 1st MARCH, 2019.

P.C. :

1] This is an application for bail in connection with C.R. No. 29 of 2018 registered with DCB CID, Unit-CIU, Police Station Mumbai, arising out of C.R. No.115 of 2018 registered with Azad Maidan Police Station, for the offence punishable under Section 408, 420, 465, 467, 468, 471, 120B, 201 of the Indian Penal Code. 2] The Applicant had preferred an application for bail before the Sessions Court being Bail Application No.1309 of 2018. The said application was allowed by order dated 13th July, 2018 on a condition that the Applicant shall deposit the amount of Rs.7,49,600/- within a 1/3

osk 928-ba-663-2019.odt period of 45 days from the date of the order. The Applicant was also released on the provisional cash bail for a period of eight weeks. It is submitted that the Applicant could not deposit the amount within stipulated time and therefore, he sought extension of time to deposit the said amount by preferring an application before the Sessions Court, vide Misc. Application No. 1754 of 2018, which was rejected by order dated 27th August, 2018. Thereafter, the Applicant had preferred another Application bearing Bail Application No.147 of 2019, which was withdrawn with liberty to prefer an application for bail before this Court.

3] Learned counsel for the Applicant, on instructions of the wife of Applicant, submits that the Applicant is willing to deposit an amount of Rs.7,49,600/- as stipulated in order dated 13th July, 2018 passed by the Sessions Court in Bail Application No.1309 of 2018. It is submitted that the Applicant be released on bail. The Applicant was taken into custody for not complying the condition of deposit on 11th September, 2018.

4] In view of this statement advanced by the learned counsel for the Applicant and also in the light of the fact that the Applicant was granted bail by the Sessions Court on condition to deposit the said 2/3

osk 928-ba-663-2019.odt amount, bail can be granted to the Applicant. 5] Hence, I pass following order:

: : O R D E R : :

(i) Criminal Bail Application No.663 of 2019 is allowed.

(ii) The Applicant is directed to be released on bail in connection with C.R. No. 29 of 2018 registered with DCP CID, Unit-CIU Police Station Mumbai, arising out of C.R. No.115 of 2018 registered with Azad Maidan Police Station, on his furnishing the P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount, subject to condition that the Applicant shall deposit the amount of Rs.7,49,600/- before the Court of Chief Metropolitan Court, Mumbai.

(iii) The Application is disposed of.

(iv) Parties to act on the basis of the authenticated copy of this order.

[PRAKASH D. NAIK, J.] 3/3