Suraj Shivsharan Singh Chauhan v. The State Of Maharashtra And ANR

JAYARAJAN ANJAKULATH NAIR Date: 2022.07.12 14:30:33 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 24 IA-2171.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2171 OF 2022 IN INTERIM APPLICATION NO.582 OF 2022 Suraj Shivshran Singh Chauhan ] ... Applicant Vs.

The State of Maharashtra & Anr.

] ... Respondents ...

Mr. Akhilesh Chaubey with Mr. Virendra Pandey i/b AVC @ Associates for the applicant.

Ms. Rutuja Ambekar, A.P.P. for the State.

Mr. Akash Singh with Mr. Rajiv Gupta i/b Mr. A.M. Saraogi for respondent No.2.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 11TH JULY, 2022.

P.C.:- 1.

On 15/09/2021, the applicant came to be released on bail, which charged him of offences punishable under Sections 409 and 420 of the IPC. His release was ensured in the wake of the

2/3 24 IA-2171.22.odt consent terms that were executed and filed before the Court on 10/08/2021, where the applicant specifically gave the following undertaking:

"4.

The Applicant/Accused hereby undertake to pay the balance amount of Rs.80,00,000/- (Eighty Lakh Only) to the Complainant/First Informant (Intervener) on or before six months from the date of last payment made as per the present Consent Term".

2.

Accepting the said statement as undertaking, both to the court as well as to the complainant, the applicant was released on bail.

3.

On 04/05/2022, by consent, the time to deposit the balance amount of Rs.65,00,000/- came to be extended and it shall be paid within a period of 60 days.

4.

As on date, only a sum of Rs.20,00,000/- has been made over to the complainant despite an undertaking being submitted on 10/08/2021.

5.

Enough leniency has already been granted to the applicant, however, since a dire financial difficulty has been projected, I am inclined to grant further time of six weeks to make the payment of balance amount of Rs.60,00,000/-. It is made clear that there shall be no further extension and, failure to abide by

3/3 24 IA-2171.22.odt the undertaking shall be treated as breach of condition and the protection in favour of the applicant shall be liable to be revoked.

6.

The application is disposed off by granting extension of six weeks.

[SMT. BHARATI DANGRE, J.]