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Bombay High CourtABA/1200/2024disposed off

Soumy Abrata Roy And ANR v. State Of Maharashtra

2024-12-02Hon'Ble Shri Justice Manish Pitale2 pages

4_ABA_1200_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1200 OF 2024 Soumyabrata Roy and another ...

Applicants vs.

The State of Maharashtra and another ...

Respondents Mr. Adityaraj Ashok Chavan for applicants.

Mr. Kiran C. Shinde, APP for respondent No.1-State. Ms. Rebecca Gonsalves for respondent No.2.

Mr. Sandip Pawar, API, Kothrud Police Station, District Pune City. CORAM : MANISH PITALE, J.

DATE :

02nd DECEMBER, 2024 P.C. :

.

On 11.11.2024, this Court had recorded in paragraph Nos.2 and 3 as follows:

"2.

Today, this Court is informed that after the order dated 23.10.2024 was passed, the applicant No.2 paid further amounts of 7,000 and 25,000. The ₹ ₹ learned counsel for the applicant has tendered an email sent by the informant, who has agreed for an arrangement, whereby the balance amount of ₹ 1,00,000, shall be paid by applicant No.2 in four installments of 25,000 each on 11.11.2024 (today), ₹ 29.11.2024, 14.12.2024 and 28.12.2024. The copy of email is taken on record and marked as 'X'.

3.

In view of the above, list the present application for further consideration on 02.12.2024 at the top of the list, in order to examine the bona fides of applicant No.2, as regards payment of the aforesaid installments."

2.

The interim order was continued.

3.

When the application is called out for hearing, it is brought to the notice of this Court that while the first of the 4 installments, was paid on 11.11.2024, the second installment of 25,000/- was not ₹ fully paid and that 10,000/- remained balance. ₹ by PRIYA KAMBLI Date:

2024.12.03 11:12:15 +0530 PRIYA KAMBLI 1/2

4_ABA_1200_24.doc 4.

In the morning session, a submission was made on behalf of the applicants that they would pay the said balance amount of ₹ 10,000/- alongwith the next installment of 25,000/-, due on ₹ 14.12.2024. This Court gave time only till the afternoon session for the applicants to take appropriate steps to make good the shortfall of 10,000/-, failing which it was indicated that the application would ₹ be dismissed.

5.

When the application is called out in the afternoon session, the learned counsel for respondent No.2 confirms the fact that between the morning session and now, the aforesaid amount of 10,000/- ₹ was indeed paid by the applicant.

6.

This is an unfortunate situation, when this Court is required to monitor the compliance of specific direction given to the applicant. 7.

The next installment of 25,000/- is to be paid by the ₹ applicant to the respondent on 14.12.2024. Considering the aforesaid conduct of the applicant, list this application on 16.12.2024 at the top of the list.

8.

It is made clear that if there is any default in payment of the said installment, this application shall be dismissed without showing any further indulgence to the applicants.

9.

The interim order shall continue to operate till the next date. (MANISH PITALE, J) Priya Kambli 2/2