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Bombay High CourtABA/2587/2022allowed

Krushnaji Dnyanoba Virole v. State Of Maharashtra

2022-10-19Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2587 OF 2022 Krushnaji Dnyanoba Virole ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Nitin Gaware, Advocate for the Applicant. Mr. Sarang Aradhye, Advocate for the Respondent No.2. Mr. A.A. Palkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th OCTOBER, 2022.

PER COURT :

1.

The learned counsel for the applicant has submitted undertaking on behalf of the applicant/accused No.1. In the affidavit/undertaking it is stated that as per the statement of loan account No.008005900000132 with Shvajirao Bhosale Sahakari Bank Ltd.(Kothrud Branch) the outstanding amount as on 17th October, 2022 is Rs.90,43,735/- (Rupees Ninety Lac Forty Three Thousand Seven Hundred and Thirty Five only). The applicant has deposited amount totaling to Rs.3,03,59,379.00/- (Rupees Three Crore Three Lac Fifty Nine Thousand Three Hundred Seventy Nine only), as against loan to the tune of Rs.1,75,00,000/- (Rupees one Crore Seventy Five Lacs Only).

2.

It is submitted that the applicant undertakes to deposit the 25% of outstanding amount i.e. Rs.22,60,934/- (Rupees Twenty

Two Lacs Sixty Thousand Nine Hundred and Thirty Four Only) with the respondent No.2 Bank within period of ten days and balance 75% outstanding amount would be deposited by the applicant within further period of four months thereafter i.e. up to 28th February, 2023 in four equal installments. Each installment with regards to balance 75% amount would be paid by the end of every month.

3.

The affidavit is taken on record. The applicant shall deposit Rs.22,60,934/- (Rupees Twenty Two Lacs Sixty Thousand Nine Hundred and Thirty Four Only) within stipulated time mentioned in the affidavit/undertaking with Respondent No.2 Bank. The Applicant shall comply the undertaking to deposit the balance amount.

4.

Hence, I pass the following order;

ORDER

i.

Criminal Anticipatory Bail Application No.2587 of 2022 is allowed;

ii.

In the event of arrest of the applicant in connection with C.R. No. 189 of 2021 registered with Shikrapur Police Station, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

iii.

The applicant shall comply the undertaking tendered before this Court. In the event of breach of this undertaking the Anticipatory Bail granted to the applicant will be liable to the cancelled.

iv.

The applicant may prefer an application for OTS and if it is permissible and in accordance with any rules, circular the bank may consider it. It is clarified that this Court has not expressed any opinion about merits of such application. v.

Application stands disposed off.

(PRAKASH D. NAIK, J.)