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Bombay High CourtBA/3258/2021allowed

Narasimma Pallawan Thiruvajhiyanar v. The State Of Maharashtra

2021-11-03Hon'Ble Shri Justice Surendra Pandharinath Tavade3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3258 OF 2021 Narasimma Pallawan Thiruvajhiyanar ...Applicant

Versus

State of Maharashtra,

...Respondent

....

Mr. Sanjeev Kadam i/b Mr. Vikramsingh Parmar for the Applicant. Ms. A. A. Takalkar, APP for the State/Respondent. ....

CORAM :

SURENDRA P. TAVADE, J.

DATE : 3rd NOVEMBER, 2021.

P.C.

:

.

Heard learned Counsel for the Applicant and learned APP for the Respondent-State.

2.

The Applicant is facing charge under Sections 419, 420, 465 and 468 of the Indian Penal Code, r/w 43, 66, 66(c), 66(d) of the Information Technology Act. The Applicant came to be arrested on 18th February, 2021. The investigation is over and charge-sheet came to be fled against the Applicant on 19th April, 2021. 3.

The Applicant has submitted this application, which was heard twice earlier before this Court. This Court has given option to the

Applicant to deposit an amount of Rs.50,00,000/- (ffty lakhs only) in the Court, but he showed his inability to pay the said amount. Thereafter, on 13th October, 2021, this Court asked the Applicant to deposit an amount of Rs.35,00,000/- (thirty fve lakhs only) in the Court, so that his bail application can be considered. Thereafter, learned Counsel for the Applicant submitted an afdavit of the Applicant in the said afdavit, the Applicant has given the schedule of repayment of Rs.52,09,324/-. (ffty two lakhs nine thousand three hundred twenty four, only). The Applicant has undertaken that he would transfer the said amount without fail. Similarly, he would deposit demand draft of Rs.35,00,000/- (thirty fve lakhs only) with the Registrar Appellate Side. In view of the above facts, I pass the following order:

ORDER

i) The Applicant is directed to be released on bail in connection with C.R. No. 9 of 2021, registered with Cyber Police Station, Crime Branch, CID, Mumbai, on furnishing PR & SB bond in the sum of Rs.50,000/- with two sureties in the like amount; ii) The Applicant is allowed to furnish cash security of Rs.50,000/- in view of surety bond, but he has to submit the solvent surety to the extent of Rs. 50,000/- within a period of eight weeks from the date of his released on bail.

iii) The Applicant is directed to furnish demand draft of Rs.35,00,000/- (thirty fve lakhs only) before the Registrar Appellate Side.

iv) The Applicant shall furnish his permanent residential address, Pand Card, Addhar Card and contact number to the Investigating Ofcer forthwith, after his release from jail. v) The parties to act upon authenticated copy of the order by the Associate of this Court.

(SURENDRA P. TAVADE, J.)