Harshal Sudhakar Bhalerao v. The State Of Maharashtra

THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1513 OF 2018 IN CRIMINAL APPLICATION NO.435 OF 2018 Harshal Sudhakar Bhalerao ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Prem Kumar Pandey, Advocate for the Applicant. Mrs.G.P.Mulekar, APP for the Respondent/State. ....

CORAM : PRAKASH D. NAIK J.

DATED : 19th DECEMBER 2018.

P.C. :

Not on board. Taken on production board on being mentioned for urgency.

The applicant is granted bail by the Sessions Court by Order dated 3rd July 2018 on a condition that the applicant shall deposit the amount of Rs.5,19,597/- in two installments. He was permitted to deposit 50% of amount on or before 15 days from the date of his release and rest of the amount within 15 days. It is also directed that the Order would stand cancelled in case of default of payment of first installment. The applicant has deposited 50% amount in view of Order dated 3rd July 2018. However, the balance amount could not be deposited. 1/3

By Order dated 21st September 2018, this Court had directed the applicant to deposit Rs.1,00,000/- before the trial Court on or before 26th September 2018 and the balance amount of Rs.1,60,000/- on or before 10th October 2018. However, the said Order could not be complied with.

The applicant, thereafter prefered Criminal Application No.1244 of 2018 seeking four weeks time to deposit the amount. The said application was rejected on 16th October 2018. The learned Counsel for the applicant submits that the details about the residential address are provided to the Investigating Officer. It is further submitted that although the applicant was granted four weeks time earlier to deposit the amount, the amount could not be deposited on account of financial crunch. However, the applicant is willing to deposit immediately the amount even during the course of the day. Statement is accepted as an undertaking to the Court. It is also submitted that on account of non-depositing the amount, the surety could not be furnished. The applicant would furnish the surety within four weeks.

In view of submission, the applicant is permitted to deposit an amount of Rs.2,60,000/- within three days by cash before the trial Court. The applicant is permitted to furnish surety 2/3

within a period of four weeks from today.

The application is disposed of accordingly.

(PRAKASH D. NAIK J.) 3/3