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Bombay High CourtBA/1684/2020disposed off

Nazeer Ahamad Hamid Khan v. The State Of Maharashtra

2023-09-07Hon'Ble Shri Justice Shivkumar Dige2 pages

Shubhada S Kadam 1-BA-1684-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1684 OF 2020 Nazeer Ahamad Hamid Khan ....Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Sandeep R. Karnik, Advocate for the Applicant. Ms.Anamika Malhotra, APP for Respondent-State. CORAM : SHIVKUMAR DIGE, J.

DATE : 7th SEPTEMBER, 2023.

P.C. :

1.

Heard learned counsel for applicant and learned APP. 2.

Learned APP submitted that interim bail was granted to the applicant by this Court on condition of depositing amount of Rs.1,47,20,292/- within four months but the said condition is not complied by the applicant. Thereafter, this Court (Coram : Bharati Dangre, J.) by order dated 16th November 2022 had directed the applicant to deposit the amount or else the interim order passed by this Court would be vacated. Thereafter also, the applicant has not SHUBHADA SHANKAR KADAM deposited the said amount. Learned APP further submitted that after 1/2 SHUBHADA SHANKAR KADAM Date: 2023.09.08 19:36:30 +0530

Shubhada S Kadam 1-BA-1684-2020.doc vacating that order, applicant has not surrendered and he is on interim bail. Hence, present bail application has become infructuous and it be rejected.

3.

Learned counsel for applicant submitted that appropriate order be passed.

4.

I have considered the submissions of both learned counsel. The applicant is released on interim bail by this Court subject to deposit of some amount, but the said condition is not fulfilled by the applicant, hence that order is vacated. Thereafter, the applicant has not surrendered before the police. The present application is for release of applicant on bail. As the applicant has not surrendered, this application has become infructuous and is rejected. 5.

Pending interim application/s are also accordingly disposed off.

(SHIVKUMAR DIGE, J.) 2/2