Bombay High CourtAPPP/493/2017others disposed off

Sarfaraz Rizvi v. The State Of Maharashtra

2018-09-19Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 933-appp-493-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.493 OF 2017 IN CRIMINAL BAIL APPLICATION NO.934 OF 2015 Sarfaraz Rizvi .. Applicant Vs.

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

Mr.Aniket Vagal, Advocate for the Applicant.

Mrs.G.P. Mulekar, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

SEPTEMBER 19, 2018.

P.C. :

This is an application for extension of time to comply the undertaking tendered vide order dated 5th October, 2015, passed by this Court in Criminal Bail Application No.934 of 2015. Applicant was granted bail in Bail Application No.934 of 2015. It is submitted that in accordance with the undertaking submitted before this Court, the applicant was supposed to deposit an amount of Rs.1.41 crore. Applicant has so far deposited Rs.1,04,70,000/- and the balance amount is Rs.36,30,000/-. It is submitted that the trial Court has issued by Rajeshri Prakash Aher Date:

2018.09.24 21:29:41 +0530 Rajeshri Prakash Aher

rpa 2/2 933-appp-493-17.doc warrant of arrest in view of non-compliance of the aforesaid order. It is submitted that the applicant is not in a position to arrange the said amount and he is intending to sell his property and arrange the balance amount. Applicant has requested for six months time to deposit the balance amount. Applicant has tendered an affidavit affirmed on 18th September, 2018, stating that the entire balance amount of Rs.36,30,000/-, shall be deposited within a period of six months from today. The statement in the affidavit is taken as an undertaking to this Court. In view of the above, in compliance of order dated 5th October, 2015, and the undertaking executed therein, applicant is permitted to deposit an amount of Rs.36,30,000/-, within a period of six months from today.

The warrant, if any, issued against the applicant is kept in abeyance till further orders.

Criminal Application No.493 of 2017, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)