Banudas S/O Govind Rathod v. State Of Maharashtra

P.H. Jayani 26 ABA3551.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3551 OF 2022 Banudas s/o. Govind Rathod ... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Shubham Sane h/f. Mr. Priyal Sarda for the Applicant. Mr. Shrikant Yadav, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 30th MARCH, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.1001/2021 registered with Mohol Police Station, Solapur Rural for offences punishable under sections 420, 381 of the Indian Penal Code. 2.

The records reveal that by order dated 03/01/2023, this Court (Coram : M.S. Karnik, J.) had granted interim protection to the Applicant after accepting the statement of the Applicant that he would deposit sum of Rs.10,00,000/- before Magistrate within a period of four weeks from the date of the order.

3.

Learned counsel for the Applicant states that the amount has not been deposited and he is unable to get instructions from the Applicant. 1/2

P.H. Jayani 26 ABA3551.2022.doc 4.

Learned APP states that the Applicant has also not co-operated with the investigation and that his whereabouts are not known. 5.

Considering the conduct of the Applicant, I am not inclined to exercise discretion under section 438 of Cr.P.C. in favour of the Applicant. Hence, the Application is dismissed. PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2023.04.06 14:15:25 +0530 2/2