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Bombay High CourtABA/2094/2021disposed off

Bharat Tekchand Bhatia v. The State Of Maharashtra

2024-03-13Hon'Ble Shri Justice Kishore C. Sant2 pages

(5)-ABA-2094-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.14 10:30:00 +0530 BALAJI GOVINDRAO PANCHAL ANTICIPATORY BAIL APPLICATION NO.2094 OF 2021 Bharat Tekchand Bhatia ..Applicant

Versus

The State of Maharashtra ..Respondent None for the Applicant.

Mr. A. R. Metkari, APP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 13th MARCH, 2024 P.C.

1.

This Application was on board dated 6th March, 2024, none appeared for the Applicant on that day. Today also, none present for the Applicant. This Court had made it clear on the last date that today if none appears, this Court would proceed to pass order in the Application. This Court by order dated 3rd September, 2021 had granted interim relief on recording a statement on behalf of the Applicant that he would voluntarily pay amount of Rs.1,05,480/- in two equal installments. Affidavit-cum-undertaking was taken on record. As per the undertaking, the first installment was to be paid on 2nd October, 2021. The statement was accepted as an undertaking to this Court. The Application was adjourned to 4th October, 2021 to verify the compliance of the undertaking. 2.

Learned APP submits that in spite of this order till now, Applicant has not paid any amount.

BGP.

(5)-ABA-2094-21.doc.

3.

This Court finds that the Applicant has clearly committed breach of the undertaking. He is also not prosecuting this Application. In view of this conduct of the Applicant, he deserves no relief from this Court.

4.

In view of above, the Application stands dismissed. 5.

Interim relief stands vacated.

6.

The Application stands disposed of.

[KISHORE C. SANT, J.] BGP.