Nainesh Harshadbhai Makwana And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 773 OF 2017 IN CRIMINAL APPLICATION NO. 29 OF 2017 Nainesh Harshadbhai Makwana ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kuldeep S. Patil for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

MONDAY, 21 st AUGUST, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks extension of time to deposit a sum of Rs. 2 lakhs.

3.

It appears that the applicant was enlarged on bail vide order dated 25th July, 2017 passed by the Sessions Court. Vide the said order, the Additional Sessions Judge-2, Thane, directed the applicant to deposit a sum 1/3

of Rs. 4 lakhs, in the Police Station or in the Court. It appears that the said order dated 25th July, 2017 directing the applicant to deposit a sum of Rs. 4 lakhs was challenged in this Court. This Court (Coram : P. D. Naik, J.), vide order dated 8th June, 2017 was pleased to modify the said order dated 25th July, 2017 and directed the applicant to deposit Rs. 2 lakhs in the concerned Court as condition precedent for being enlarged on bail and to deposit the remaining amount of Rs. 2 lakhs within a period of 4 weeks after his release.

4.

Learned Counsel for the applicant states that the applicant had filed an application, being Criminal Application No. 661 of 2017 and had sought extension of time to deposit the remaining amount of Rs. 2 lakhs. The said application was allowed by this Court (Coram : P. D. Naik, J.) vide order dated 21st July, 2017.

5.

This is the second application, seeking further extension of time to deposit the remaining amount of Rs. 2 lakhs. Learned Counsel states that the applicant was suffering from severe financial crunches and as such could not comply with the earlier orders. He has further submitted that 2/3

the applicant will deposit Rs. 1 lakh within one week from today in the trial Court and the balance Rs. 1 lakh within three weeks thereafter. The said statement is accepted.

6.

Accordingly, the application is allowed. The applicant to deposit Rs. 1 lakh within one week from today and the balance Rs. 1 lakh within three weeks thereafter. Both the said amounts to be deposited in the Registry of the trial Court.

7.

The application is disposed of in the aforesaid terms. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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