Ravindra Baburao Patil And ORS. v. Suresh Bhagwan Patel And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1064 OF 2020 IN ANTICIPATORY BAIL APPLICATION NO. 2470 OF 2019 Ravindra Baburao Patil & Ors.

.... Applicants

Versus

Suresh Bhagwan Patel & Ors.

.... Respondents WITH INTERIM APPLICATION NO. 938 OF 2020 IN ANTICIPATORY BAIL APPLICATION NO. 2470 OF 2019 Ashok S. Patil & Ors.

.... Applicants

Versus

Suresh Bhagwan Patel & Ors.

.... Respondents ______ Mr. Ajay Laxman Bhise for Applicants in both I.As. Ms. Yashasvita Apte i/b. Harshawardhan Salgaonkar for Original applicant in ABA/2470/2019.

Mr. A. A. Palkar, APP for State/Respondent.

______ CORAM : SARANG V. KOTWAL, J.

DATE : 08th JULY, 2021 (Through Video Conferencing) P.C. :

1.

The original applicants in ABA No.2470 of 2019 had approached this court for anticipatory bail in connection with Gokhale

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C.R.No.333 of 2019 registered at Khadakpada police station, under section 406 and 420 r/w. 34 of the IPC. At the first instance, the applicants were protected by this court (Coram: Sandeep K. Shinde, J.) vide order dated 20/11/2019. This order was passed on the undertaking filed by the original applicants that, they would pay the amount of Rs.47,27,360/- mentioned in the F.I.R. to the complainants listed in the F.I.R. by Demand Draft. Thereafter the matter was adjourned from time to time.

2.

Vide order dated 11/02/2021, this court (Coram: Prakash D. Naik, J.) had extended the period for making the payment as per the undertaking by the period of one and half month from 11/02/2021. By the same order the applicants were directed to appear before the investigating officer to provide him details of other aggrieved persons.

3.

Vide order dated 01/04/2021 passed by this court (Coram: Prakash D. Naik, J.) it was noted that the balance amount of Rs.13,77,360/- would be paid within two weeks from

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01/04/2021. This time was extended by a period of two weeks more from 23/04/2021. Thereafter, there was no compliance of the undertaking given before the court. There was breach of directions issued by this court. Learned counsel for the intervenor pointed out that the applicants have not paid any further amount since April and have not sought extension of time to pay such amount.

4.

Learned APP submitted that the applicants have not attended the police station pursuant to the directions given by this court on 11/02/2021 and they have not given the list of aggrieved persons. Learned APP submitted that, during the course of investigation it is transpired that, apart from 20 victims mentioned in the F.I.R. there are 30 other victims and the total amount of fraud is to the tune of Rs.1,30,33,274/-.

5.

Thus, it appears that the applicants are neither cooperating with the investigation, nor complying with their own undertaking, nor following the directions issued by this court and

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simply prolonging the matter. In this view of the matter, the interim order granted earlier cannot be continued any further. 6.

Hence, interim protection granted to the original applicants stands vacated.

7.

The applications are disposed of in the aforesaid terms. (SARANG V. KOTWAL, J.)