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Bombay High CourtAPPLN/436/2025disposed off

Vinod Mohan Javak v. The State Of Maharashtra

2025-03-20Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:8607 {1} CR APPLICATION NO. 436 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 CRIMINAL APPLICATION NO. 436 OF 2025 IN BA/751/2022 Vinod Mohan Javak Age: 43 years, Occu.: Agriculture, R/o. At present Ahmednagar Jail ....Applicant (Original Applicant in Bail Application)

Versus

The State of Maharashtra Through Ahmednagar Police Station, Dist.Ahmednagar.

.....Respondent .....

Advocate for Applicant : Mr. Ranjana D. Reddy (appointed Through Legal Aid) APP for Respondent : Mr.C.V.Bhadane .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 20 MARCH, 2025 ORDER :

1.

Instant application is for relaxation of condition imposed in Bail order dated 19-07-2022 passed in Bail Application No.751 of 2022.

2.

Learned counsel pointed out that applicant was booked in crime no.0075 of 2019 registered with Ahmednagar Taluka Police Station, District Ahmednagar for offence under Sections 420, 419,

{2} CR APPLICATION NO. 436 OF 2025 467, 468, 471 read with 34 of the Indian Penal Code. That, after rejection of bail application by the learned trial Court, he moved bail application before this Court bearing no.751 of 2002 and after hearing both the sides, this Court was pleased to allow the application by order dated 19-07-2022. However, according to learned counsel, while granting bail, this Court had directed Rs.10,00,000/- to be deposited within six weeks and further directed that if above amount is not deposited within stipulated period, bail granted shall stand cancelled. According to learned counsel, the above directions were merely on the statement of learned counsel appearing for the applicant and that applicant has not consented for the aforesaid deposit. That, even applicant was not consulted by the learned counsel before making such statement for imposing such condition. Therefore, learned counsel seeks modification and relaxation of the said condition.

3.

Heard. Perused the papers. It appears that crime no.0075 of 2019 was registered at Ahmednagar Taluka Police Station, District Ahmednagar, aforesaid offence. Applicant was arrested and in consequence to it, he applied for bail before this Court vide Bail Application No.751 of 2022. This Court, after hearing learned

{3} CR APPLICATION NO. 436 OF 2025 counsel appearing therein as well as after going through the papers, chargesheet, noted in paragraph no.3 regarding economic fraud committed to the tune of Rs.68,00,000/-. It is specifically noted by this Court in paragraph no.3 that applicant therein on his own came forward to deposit sum of Rs.10,00,000/-. Considering the said statement made at Bar, this Court had granted relief of bail. Now, said order dated 19-07-2022 is sought to be modified after more than two and half years period. No efforts were made within stipulated period of six weeks for getting modification done. Therefore, this Court is not inclined to consider the request for modification and relaxation of the condition imposed. Hence, following order :

ORDER

Criminal Application No.436 of 2025 is rejected. ( ABHAY S. WAGHWASE ) JUDGE SPT