Iqbalsingh Balbirsingh Matharu v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 929 OF 2018 WITH APPP NO. 615 OF 2018 Iqbalsingh Balbrisingh Matharu ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. B.G. Tangsali for th Applicant.

Mr. Amit Palkar, APP for State.

Ms. Amruta Athavale I/b Ms. Racheeta R. Dhuru for the respondent No.2. CORAM : A.S.GADKARI, J.

DATE : 30th April 2019.

P.C.:

1] Heard the learned counsel for the applicant, the learned counsel for the respondent No.2 and the learned APP for the State. Perused the record of investigation.

2] By an Order dated 24th May 2018, the applicant was granted interim relief.

3] In view of the deliberation took place during the hearing of the present application, the learned counsel for the applicant tendered across the bar an undertaking dated 30th April 2019. In the said undertaking, the 1/3

applicant has undertaken to deposit Rs.50.00 lakhs within a period of one week from today and the balance amount of Rs.73,89,000/- will be deposited within a period of four weeks thereafter in the Registry of this Court. The said undertaking is taken on record and marked "X" for identification. It is needless to mention that, the deposit of the said amount by the applicant shall be without prejudice to his rights and contentions and with a view to prove his bonafide in the present application. 4] Time to deposit the first installment of Rs.50,00,000/- (Rupees Fifty Lakhs Only) is granted upto Wednesday 8th May 2019 and the balance of Rs.73,89,000/- (Rupees Seventy Three Lakhs Eighty Nine Thousand Only) within a period of four weeks thereafter. Period to deposit the said amount shall not be further extended on any count and it is expected from the applicant that, he will comply with the undertaking with utmost sincerity at his command.

However, if the applicant fails to deposit first installment on or before 8th May 2019, interim relief granted to the applicant by Order dated 24th May 2018 shall stand vacated without further reference to this Court. 5] In view thereof, interim relief granted by Order dated 24th May 2018 is hereby confirmed.

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Application is allowed in the aforesaid terms. 6] In view of Order passed in A.B.A. No.929 of 2018, Criminal Application No.615 of 2018 does not survive and is accordingly disposed off.

(A.S.GADKARI, J.) 3/3