Mahendra Manikchand Sundecha v. The State Of Maharashtra And ANR

Osk 1-Aba-851-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 851 OF 2019 Dashrath Machindra Kokare ... Applicant V/s.

The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 567 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 851 OF 2019 Mahendra Manikchand Sundecha ... Intervenor In the matter between :- Dashrath Machindra Kokare ... Applicant V/s.

The State of Maharashtra ... Respondent None for Applicant.

Smt.N.S. Bobade i/b.Mr. Manoj J Bhatt for Intervenor. Smt.Veera Shinde, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 18th September 2021.

P.C. :

1.

Learned counsel for the Intervenor on instructions submitted that, in furtherance of Order dated 30th August 2021, the Applicant has not paid the balance amount of Rs.50,00,000/- to him within the stipulated period mentioned therein.

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Osk 1-Aba-851-2019.odt 2.

By a speaking Order dated 29th July 2021, the Applicant was granted sufficient period to clear the outstanding payment. It was specifically observed therein that, if the Applicant fails to pay the balance amount to the informant as per undertaking given by him, this Court will be constrained to dismiss the Application for non-compliance of undertaking. 3.

As noted earlier, by a subsequent Order dated 30th August 2021, the Applicant was granted further time to pay the said amount. The Applicant has failed to honour his own undertaking and solemn statement made before this Court. It appears to this Court that, the Applicant gave undertaking and made solemn statements before this Court, only to get favourable Order of continuation of interim relief and nothing else. As the Applicant has failed to comply with the Order dated 30th August 2021, the interim relief granted in his favour is vacated with immediate effect. As a consequence thereof, the present Anticipatory Bail Application is dismissed.

4.

In view of dismissal of Anticipatory Bail Application, nothing survives in Criminal Application No.567 of 2019 and it is accordingly disposed off.

[A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2021.09.20 16:53:32 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2