Prakash V. Mehta v. The State Of Maharashtra

Mhi 1 APPP-737-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMIMINAL APPLICATION NO. 737 OF 2016 IN ANTICIPATORY BAIL APPLICATION NO. 802 OF 2016 Mr. Prakash V. Mehta ..

Applicant vs.

The State of Maharashtra ..

Respondent Mr. Harshad Sathe i/b. Mr. Anwar M. Landge,Advocate for the applicant. Mr. Nikhil Chaon i/b Mr. Sangramsingh Bhosle, for respondent No.2. Mr. S.H.Yadasv, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 8th September, 2016.

P.C.

1.

Heard the respective counsel.

2.

The applicant herein is apprehending his arrest in C.R. No.81 of 2016 registered at Hadapsar Police Station. 3.

The applicant by an order dated 22.6.2016 was protected under Section 438 of Cr.P.C. by the Hon'ble Predecessor Bench. At that time, the applicant had furnished an undertaking to the Court that he would return the amount of Rs.78,00,000/- to the original complainant. The applicant had

Mhi 2 APPP-737-16.sxw also given a schedule of payment. As per the schedule, the applicant has paid Rs.10,00,000/- on 7.6.2016, 7.7.2016 and 7.8.2016. Out of Rs.78,00,000/-, the applicant has repaid Rs.44,00,000/-. He seeks modification of the order to make payment.

4.

Today, a fresh undertaking is given. The undertaking is taken on record and marked "X" for the purpose of identification. As per the fresh undertaking, the applicant has agreed to pay Rs.5,60,000/- on 15.9.2016 and to abide by the schedule given in the said undertaking. The complainant has agreed to the said modification only on the condition that he abides by the said undertaking. Hence, the order dated 22.6.2016 stands modified as per the fresh undertaking.

Application is disposed of.

(SMT.SADHANA S.JADHAV, J.)