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Bombay High CourtABA/712/2018others disposed off

Sandeep Chhelshankar Joshi v. The State Of Maharashtra

2018-08-14Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.712-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 712 OF 2018 Sandeep Chhelshankar Joshi ..Applicant Vs The State of Maharashtra ..Respondent ----- Ms. Ankita Pawar I/b Samir Vaidya for applicant. Mr. Amit Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 14th August 2018.

P.C.:

1] The applicant was granted interim relief by an Order dated 18th April 2018 on the basis of solemn statement made by the applicant before this Court that he will deposit Rs.7,50,000/- in the Registry of this Court within period mentioned therein.

2] The record indicates that, the applicant in fact deposited Rs.3.00 lakhs in the Registry of this Court and for depositing balance amount of Rs.4,50,000/- time was sought on the pretext of one or other reason. On 2.7.2018, a last chance to deposit the balance amount was given to the applicant. Thereafter on 12th July 2018, 27th July 2018 and on 3.8.2018 at the request of learned counsel for the applicant, with a view to 1/2

aba.712-2018.doc facilitate the applicant to comply with the statement made on 18.4.2018, the matter is adjourned today. Today also time is being sought for complying with the said statement, 3] Thus it is clear from the record that, the applicant with a view to get the interim relief in his favour made the said statement before this Court on 18.4.2018, however, till date did not comply with it and sought extensions after extensions for complying with the same. It appears that, the applicant was aware on 18.4.2018 of the fact that he will not be able to comply with the said statement and despite the fact he made it and sought extensions for depositing the said amount from this Court. 4] In view thereof, interim relief granted by Order dated 18th April 2018 is hereby vacated and as a consequence thereof, application is dismissed.

(A.S.GADKARI, J.) 2/2