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Bombay High CourtIA/1423/2020disposed off

Kalyan Jagannath Jadhav v. The State Of Maharashtra And ORS.

2020-12-18Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 11 IA(st)-6942.20 in ABA-249.19 SM.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO.6942 OF 2020 IN ANTICIPATORY BAIL APPLICATION NO.249 OF 2019 Kalyanrao Jagannath Jadhav ..

Applicant Vs.

The State of Maharashtra ..

Respondent ...

Mr. Vikram Chavan with Mr. Ayesha Keshodwala i/b C.K. Legal Advocates & Consultants for the Applicant/Orig. Accused. Mr. Aabad Ponda, senior counsel with Mr. Rohan Mahadik, Mr. Vijay Shinde i/b The Juris Partners for the Orig. Complainant. Mr. P.H. Gaikwad, A.P.P. for the State.

Mr. P.L. Nalawade, API, EoW, Pune City is present in the Court. ...

CORAM : SMT. BHARATI DANGRE, J.

DATED : 18TH DECEMBER, 2020.

P.C:- 1.

On 07/10/2020, in furtherance of the earlier orders, when a statement was made that the amount agreed between the parties

2/3 11 IA(st)-6942.20 in ABA-249.19 SM.doc and which remains unpaid would be paid in three trenches, this schedule of payments came to be accepted by Mr. Ponda, learned senior counsel appearing for the Complainant. It was accepted as an undertaking to the Court to be strictly adhered to. 2.

The present Interim Application is taken out by the Applicant for a limited purpose for de-freezing of the three accounts of the Applicant maintained with the Union Bank, which were freezed in June, 2018 and October, 2018 respectively. The remaining third trench of Rs.31,90,000/- which is due and payable on or before 31/12/2020 in terms of the undertaking before the court is posing a difficulty for the Applicant in view of the accounts being freezed.

3.

Learned A.P.P. makes a statement that an amount of Rs.31,90,000/- is due and payable. He also makes a statement that the accounts of the Applicant maintained with the Union Bank were freezed on 13/06/2018 and 25/10/2018 respectively. Since an understanding is now worked out between the parties for the purpose of grant of Anticipatory Bail and the two trenches have already been paid to the Complainant and what remains unpaid is only Rs.31,90,000/-, the Investigating Officer has no objection if the accounts are de-freezed. In the light of the said no objection, the three accounts being Account Nos. 321901010036555, 321901010036533 and 321901010036299 maintained with the

3/3 11 IA(st)-6942.20 in ABA-249.19 SM.doc Union Bank are directed to be de-freezed. After de-freezing the accounts, it is expected that the Applicant would abide by the undertaking of clearing the third trench of Rs.31,90,000/- on or before 31/12/2020 as per the undertaking given to this court. 4.

The Interim Application is disposed of.

SMT. BHARATI DANGRE, J.