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Bombay High CourtIA/1581/2023allowed

Rahul Ashok Bansode v. State Of Maharashtra

2024-04-19Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2024.04.22 11:25:23 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1581 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 375 OF 2022 Rahul Ashok Bansode .. Applicant Vs.

The State of Maharashtra .. Respondent .....

None for the applicant Mr. Mayur S.Sonavane, APP for the respondent - State .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 19th APRIL, 2024.

P.C.

1.

None for the applicant.

2.

Learned APP invites my attention to the operative part of the order of bail granted by this Court on 12th October 2022, which reads thus :- "1. The applicant is arrested in C.R. No. 362 of 2020, registered with Sangli City Police Station for offences under Sections 420, 406, 408, 409, 468, 471 r/w 34 of India Penal Code.

2. This is second application for bail. The previous application was rejected vide order dated 24 th November, 2021. The applicant is in custody for two years.

3. Learned Senior Advocate appearing for the applicant submitted that the applicant is in custody since last two years. The applicant has so far deposited an amount of Rs.17,00,000/-. The applicant would deposit the amount of Rs.50,00,000/- in this Court within a period of three days from today in this Court. The applicant undertakes to deposit the balance amount to make up total amount of Rs.1,97,51,000/-, in equal installments of three months. The applicant shall file undertaking before this Court within three days from today. It is submitted that deposit is made without prejudice to his defence in the trial.

4. The applicant shall adhere to the statement/undertaking made before this Court and deposit the entire amount of Rs.1,80,51,882/- as per the undertaking in this Court.

ORDER

i.

Criminal Bail Application No. 375 of 2022 is allowed; ii. Applicant is directed to be released on bail in connection with C.R. No. 362 of 2020 registered with Sangli City Police Station on executing P.R. Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. iii. The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.

iv. The applicant shall comply the statement / undertaking, and deposit the amount as stated above.

v.

Breach of statement/undertaking would result in cancellation of bail.

vi. The deposit of amount is without prejudice to the defence of the applicant in the trial Court proceedings. Vii. The applicant shall report concerned police station once in month on first Saturday of month between 11:00 to 1:00 p.m.

viii. The applicant shall deposit his passport before trial Court. If he do not have passport he shall file affidavit in that regard before trial Court.

ix. The applicant shall not leave India without prior permission of trial Court.

x.

Application is disposed off."

3.

In view of non-compliance of clause (iv) of the order, the application stands dismissed.

(PRITHVIRAJ K. CHAVAN, J.)