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Bombay High CourtABA/555/2017anticipatory bail rejected

Vijay Prabhakar Gamre v. The State Of Maharashtra

2017-04-25Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2ABA-555-17-11 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.555 OF 2017 Vijay P. Gamre vs.The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rushil Aiya i/by S.R.Shinde for the Applicant. Mrs. P.P.Shinde, APP for the Respondent-State. Mr. V.B.Sawant, PSI, Meghwadi Police Station present. CORAM :A.S.GADKARI, J.

DATE : 25th April, 2017 P.C.

1) By an order dated 30.3.2017 the applicant was granted interim relief on the ground that he is ready and willing to repay the amount alleged to have been defalcated by him to the first informant. The applicant thereafter submitted undertaking dated 12.4.2017 to this Court that he will repay the amount of Rs.5.00 lacs to the first informant on or before 19.4.2017. Today the learned counsel for the applicant seeks further time to comply with the said undertaking. It appears that the applicant only with a view to get the interim relief from this Court made said statement on 30.3.2017 and has also filed undertaking dated 12.4.2017 before this Court. It further appears that the said undertaking dated 12.4.2017 was filed only with a view to get further time and to get the extension of interim relief.

2 /2ABA-555-17-11 2) The learned APP on instructions submitted that during the intervening period when the applicant was enjoying the interim relief granted by this Court, he approached the first informant and tried to pressurize her to settle the matter out of Court.

3) In view of the above that the applicant has breached the undertaking given by him and that he has also indulged in pressurizing the first informant, this Court is of the view that the applicant does not deserve to be protected by way of pre-arrest bail.

4) Application is accordingly rejected.

(A.S.GADKARI, J.)