Gagan Suri Prop. Of M/S. Yathuri Associates v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by MEGHA S PARAB Date:
2021.10.14 19:32:04 +0530 CRIMINAL APPLICATION NO.293 OF 2017 WITH CRIMINAL APPLICATION NO.544 OF 2017 MEGHA S PARAB Gagan Suri ...Applicant
Versus
The State of Maharashtra and Anr.
...Respondents
....
Mr. Rajendra Raghuwanshi i/b. Mr. Ratnesh Dube for the Applicant in both the applications.
Mr. Ajay Patil, APP for Respondent No.1-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 13th OCTOBER, 2021.
P.C.:- The Applicant, who was arrested in Crime No.EOW 89 of 2013 was granted bail by order dated 10/11/2014 in Bail Application No.39 of 2014. Condition No.5 of the said bail order is as under : "5.that the applicant shall strictly adhere to undertaking given by him, and instead of frst two installments of Rs.5 Crorer, mentioned by him in MA No.67 of 2014, he should deposit Rs.4 Crorer and shall continue to deposit the amount of further installments as mentioned and undertaken by him in MA No.67 of 2014, in the NSEL ESCROW account with Axis bank, the installment of which to be started after 30 days if the release of the applicant from jail, falling which shall be termed as breach of the bail condition. AND the 1/3
applicant shall also take back his cheque given by him and shall issue fresh post dated cheques of the amount mentioned in ANNEXURE 'A' of MA No.67 of 2014, except for frst two installments instead of Rs.5 Crorer the amount of cheque should be Rs.4 Crores, in the name of NSEL ESCROW account with Axis Bank, and shall see that none of the cheque should dishonour, failing which shall be termed as breach of the bail condition."
2.
The Applicant had fled Criminal Misc. Application No.78 of 2015 for modifcation of the said condition. The State EoW had also fled an application being Criminal MSSC. Application No.135 of 2015 for cancellation of bail. By two separate orders both dated 25/04/2017 the learned Judge, M.P.S.D. Act, Greater Bombay, dismissed the application for modifcation of Condition No.5 fled by the Applicant and allowed the application fled by the State through EoW for cancellation of bail and directed the Applicant to surrender before the Court on 03/06/2017. The Applicant has challenged these orders both dated 25/04/2017 passed in application for cancellation for bail (Cri. Misc. Application No.135 of 2015) and application for modifcation of condition No.5 (Cri. Application No.78 of 2015) by fling these two applications.
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3.
By order dated 06/06/2017 this Court (Coram: Prakash D. Naik, J.) had granted interim protection to the Applicant and extended the time to surrender before the Designated Court. Said interim order has been extended from time to time.
4.
Learned counsel for the Applicant states that during the pendency of these applications charge sheet has been fled. He therefore seeks leave to withdraw the applications with liberty to fle application for bail before the Trial Court. He prays that the interim protection granted earlier be continued till the time he fles the application for bail.
5.
Sn the light of above, applications are dismissed as withdrawn. Snterim relief granted on 06/06/2017 to continue for a period of four weeks from the date of this order so as to enable the Applicant to fle an application for bail before the Designated Court, which shall be decided by the Designated Court on its own merits. (SMT. ANUJA PRABHUDESSAI, J.) 3/3