Mahesh Gopaldas Udasi v. State Of Maharashtra Thr. P.S.O. Mul Dist. Chandrapur

apl.112.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APL] No.112 of 2018 Mahesh Gopaldas Udasi vs.

State of Maharashtra, through the P.S.O. Mul, District Chandrapur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri D.S. Jagyasi, Advocate for the Applicant. Shri S.D. Sirpurkar, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 7 th MARCH, 2018.

Admit.

Heard finally by consent.

The reply filed by the prosecution is taken taken on record.

On going through the impugned order, it is seen that on principle, the learned Additional Sessions Judge has come to the conclusion that the vehicle could be released to the interim custody of the applicant till final disposal of the criminal case pending against him. But, the learned Additional Sessions Judge has also found that as the applicant is not willing to furnish any bank guarantee, there is a hurdle in allowing the application.

Even today, the learned Counsel for the applicant submits that the applicant would be furnishing a bank guarantee of Rs.1,00,000/- and not more than that, as the

apl.112.18 2/2 applicant is not in a position to arrange for issuance of the bank guarantee for any higher amount. During the course of the arguments, it was indicated to the learned Counsel that amount of bank guarantee would be of Rs.2,00,000/-, but the learned Counsel for the applicant submits that it would not be possible for the applicant to furnish a bank guarantee of Rs.2,00,000/-.

In this matter, as the vehicle is liable to be confiscated on the crime being established against the applicant and then auctioned publicly, it is necessary that the bank guarantee of reasonable amount is furnished by the applicant. However, as the applicant is not ready to furnish the bank guarantee of Rs.2,00,000/-, this application cannot be allowed.

The application stands rejected.

JUDGE *sdw