Mahesh Prabhakar Satpalkar v. State Of Maharashtra And ANR

spm 1 10-ba1542.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1542 OF 2022 Mahesh Prabhakar Satpalkar .....Applicant Vs.

The State of Maharashtra and Anr.

.....Respondents Mr. M. S. Kocharekar i/by Jay S. Patil for the Applicant. Mr. S. S. Hulke, APP for State.

Mr. Sanjiv Sawant a/w Amit Kasbe for the Respondent No.2. CORAM : A. S. GADKARI, J.

DATE : 24th JUNE, 2022.

P.C.:- This is an Application for bail. By an Order dated 4th September, 2021, the bail granted to the Applicant was cancelled by this Court on an Application filed by the first informant, as the Applicant had committed breach of Consent Terms and Orders passed in Bail Application No.1386 of 2018.

2.

Present Application was heard on earlier two occasions. In view of the deliberations which took place in Court earlier to this, Mr. Kocharekar, learned counsel for the Applicant submitted that, the wife of Applicant has arranged for the balance amount of Rs.57,50,000/-. He submitted that, in view of the observations made in para No.4 of Order dated 20th September, 2019 in Criminal Application No.590 of 2019, the Applicant has calculated interest on the said balance amount @ 6% which 1/3

spm 2 10-ba1542.2022.doc comes to Rs.8,91,250/-. The wife of the Applicant has drawn Demand Drafts for the said amount of Rs.57,50,000/- and Rs.8,91,250/- on the State Bank of India, Chinchpokli (East) Branch, bearing Nos.482301 and 482306 respectively. He produced on record photo copies of the said two Demand Drafts to be deposited in the Registry of this Court. Photo copies of the Demand Drafts are taken on record. Mr. Kocharekar, learned counsel submitted that, the Applicant will deposit said Demand Drafts in the Registry of this Court today itself.

3.

Mr. Sawant, learned counsel appearing for Respondent No.2informant on instructions submitted that, the amount which has been mentioned hereinabove and for which Demand Drafts have been drawn is a complete amount which was to be deposited by the Applicant in the Registry of this Court as per Consent Terms dated 28th July, 2018 and Order dated 20th September, 2019. He submitted that, the Respondent No.2 will file an Application in this Court for withdrawal of the said amount from the Registry.

4.

As the Applicant has now deposited entire amount in pursuance of Consent Terms dated 28th July, 2018 and Order dated 20th September, 2019, the Applicant can be released on bail. 5.

Hence, following Order:- (i) Applicant/Accused be released on bail in C.R. No. I-410 of 2017 registered with Narpoli Police 2/3

spm 3 10-ba1542.2022.doc Station, District Thane on his furnishing P. R. bond of Rs.50,000/- with one or more solvent sureties in the like amount.

(ii) After his release from jail and during the pendency of trial, Applicant is directed to attend Narpoli Police Station, District Thane on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year.

(iii) Applicant shall attend trial Court on each and every date unless precluded on medical grounds. 6.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3