Azharuddin Hanif Nadaf v. The State Of Maharashtra

BA 551 OF 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.551 OF 2015 Azharuddin Hanif Nadaf .... Applicant.

V/s.

The State of Maharashtra .... Respondent Mr. Ujjwal Agandsurve, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

[ VACATION COURT ] DATE : 29 TH MAY, 2015.

P.C. :

1.

Not on board. Upon mentioning, taken on today's board. 2.

Heard learned counsel for the applicant.

3.

It is submitted that while releasing the applicant on bail, this Court by its order dated 1st April, 2015, has given following directions:- "As stated, applicant-accused shall deposit in the Court 10 lakhs of rupees within two months i.e. on or before 31.5.2015 in Indian Bank, Railway Lines Branch and the bank can utilize the said amount".

4.

In view of the same, it is urged that as the directions contained that the amount be deposited in the Court and at the same time there is also direction that the amount be deposited in the Indian Bank, Railway Lines Branch, learned counsel submits that neither the bank is accepting deposit of the amount nor the Court, hence clarification is required. Page No.1 of 2

BA 551 OF 2015.doc 5.

On perusal of the entire order dated 1st April, 2015, it is clear as stated in paragraph No.3 of the order that the applicant has shown readyness to deposit amount of Rs.10 lacs borrowed by him in the bank without prejudice and further in view of the direction given in the above said order, the bank can utilize the said amount, it has to be held that the amount was to be deposited in the bank.

6.

Hence it is directed that the applicant -accused shall deposit amount of Rs.10 lacs in Indian Bank, Railway Line Branch, so that bank can utilize the said amount.

7.

All concerned to act on the authenticated copy of this order. [DR. SHALINI PHANSALKAR-JOSHI, J.] Page No.2 of 2