Krishan Kumar Gupta S/O Shri Kacharulal Gupta v. The Central Bureau Of Investigation And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1247 OF 2022 IN CRIMINAL APPEAL NO.966 OF 2021 Krishan Kumar Gupta s/o Shri Kacharulal Gupta Applicant versus The CBI and another Respondents Mr.Hitesh Patel with Kunal V. Phoole, Advocate for applicant. Mr.Kuldeep S. Patil, Advocate for respondent no.1 CBI. Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 20th April 2022 PC :

1.

This is an application for extension of time to deposit balance amount in accordance with order dated 20th December 2021 passed by this Court in Interim Application No.2874 of 2021 2.

While suspending the sentence of imprisonment, this Court had directed the applicant to deposit Rs.25 lakh before Special CBI Court, Greater Bombay within a period of one week from the date of order and balance amount of Rs.91 lakh within four weeks from the date of said order.

3.

Learned advocate for applicant submitted that condition to deposit stipulated in Clause(D) of the operative part of order dated 20th December 2021 has been complied by depositing amount of MANISH SURESH THATTE Rs.25 lakh within one week from the date of said order. The MANISH SURESH THATTE Date: 2022.04.22 09:59:35 +0530 photocopy of demand draft and receipt of deposit of Rs.25 lakh has

2 of 2 7.IA.1247.2022.doc been annexed to the application vide Exhibit-C and Exhibit-D respectively. It is further submitted that towards balance amount of Rs.91 lakh, the applicant had deposited Rs.30 lakh before Trial Court on 8th April 2022 vide demand draft dated 8th April 2022, the photocopy whereof has been annexed to this application Thereafter the applicant has deposited Rs.13 lakh on 18th April 2022 by demand draft. Learned counsel for applicant submitted that no receipt has been issued in respect to the said deposits. The balance amount which is required to be deposited by the applicant in accordance with order dated 20th December 2021 is Rs.48 lakh. The applicant is praying for grant of four months time to deposit said amount. 4.

Learned advocate for respondent no.1 CBI submitted that sufficient time was granted to applicant to deposit the amount. The amount of Rs.91 lakh was to be deposited within four months from the date of said order.

5.

It is noted that so far the applicant has deposited a sum of Rs.43 lakh. Considering the submissions of learned counsel for applicant, the applicant is permitted to deposit balance amount of Rs.48 lakh before Trial Court in accordance with order dated 20th December 2021 passed by this Court in Interim Application No.2874 of 2021 within a period of four months from today. Interim Application is disposed of. It is made clear that no further time will be granted for deposit of amount.

(PRAKASH D. NAIK, J.) MST