Archana Ramchandra Dabholkar And ORS. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2051 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 382 OF 2021

1. Archana Ramchandra Dabholkar

2. Manisha S. Gondchwar

3. Pratiksha vijay Sonawane

4. Supriya Surendra Sawant

5. Manjushri Manoj Manohar ...Applicants

Versus

1. The State of Maharashtra

2. Vaikunth Prahlad Kumbhar

...Respondents

WITH INTERIM APPLICATION NO. 1495 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 382 OF 2021 Vaikunth Prahlad Kumbhar ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Rajaram V. Bansode a/w Ms. Sheetal Ubale, Mr. Mohan Chavan, Advocate for the Applicants in I.A. No.2051/2024. Ms. Manish Devkar a/w Ms. Siddhi Patil, Advocate for the applicant in I.A. No.1495 of 2024 and for Respondent No.2 in I.A. No.2051/2024.

Mrs. Gauri S. Rao, A.P.P. for the Respondent No.1 - State. Mr. Suhas Gujar (ASI) Economic Offences Wing, Pimpri Chinchwad, Pune, present.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.06.02 16:38:12 +0530 SAJAKALI LIYAKAT JAMADAR ....

CORAM

:

N. R. BORKAR, J.

DATE :

29th APRIL, 2025 P.C.

:

1.

Upon mentioning Interim Application No.1495 of 2024 in Bail Application No.382 of 2021 is taken on board. 2.

This Court by order dated 11th January 2023 in Bail Application No.382 of 2021 with Bail Application (ST.) No.2228 of 2020 has released the applicant therein taking Vaikunth Pralhad Kumbhar on bail on the basis of affidavit filed by him that he will deposit Rs.3 Crores. The said affidavit reads thus:

"I, Vaikunth Pralhad Kumbhar, Age:41 yrs., Occupation: Business, R/at-Gat No.336, VadgaonGhenand Road, Charholi Khurd, Taluka-Khed, Dist.- Pune, presently lodged in Yerwada Central Jail, Pune, do hereby on solemn affirmation state as under: 1.

I says that I am arraigned as an accused in Crime Report No.I-1/2017 dated 03.01.2017, registered with Dighi Police Station, Pimpri Chinchwad, Pune, for the offences punishable U/s120B, 406,409, 420, 467, 468, 201, r/w 34 of IPC a/w Section 3 and 4 of MPID Act. I was arrested on 11.10.2019 and since then I am in jail.

2.

I say that the investigation is completed and charge- sheet is filed against me. There are other accused who are yet to be arrested and further investigation in respect of absconding accused is still going on. The trial of the case is not yet commenced.

3.

I say that during the course of investigation, the police have seized all my movable and immovable assets worth Rs. 17.5 crores.

4.

I say that I have preferred aforesaid bail application before this Hon'ble Court on merit as well as I am ready to deposit Rs. 2 crores, for the same I have already given undertaking to the Hon'ble Court and in addition to that I am ready to deposit more 1 crore within fourteen months from the date of release me on bail.

5.

I hereby undertake that I will deposit Rs. 50 lacs in the registry of this court as a pre-condition to release on bail.

6.

I say that I understand that if I am released on bail on the basis of the present affidavit/undertaking and for any reasons if I failed to abide by my present affidavit/ undertaking, my bail shall be cancelled and I will be taken into custody.

7.

I say that this affidavit/undertaking is filed by me on my own wish and the same is binding on me." 3.

It is not in dispute that the original applicant Vaikunth Kumbhar has not deposited the amount in terms of the above affidavit. Thus, these two applications are filed, one for cancellation of bail and another for modification of the bail order. During the course of hearing, the learned counsel for the original applicant - Vaikunth Kumbhar has tendered fresh Affidavit. The same is taken on record and marked as 'X for the identification. For ease of reference, the Affidavit is scanned and reproduced herein below :

4.

In view of the above, I am inclined to grant one more opportunity to the original applicant/accused and refraining from cancelling his bail.

5.

It is however made clear that no further opportunity will be given and in case of default, this Court will be constrained to cancel the bail.

6.

After deposit of the amount by original applicant/accused as mentioned in the affidavit, it would be open to the intervenors to move an appropriate application before the Special Court for withdrawal of the said amount. 7.

If such an application is filed, the Special Court shall decide it on its own merits.

8.

Both the Interim Applications stand disposed of in the above terms.

(N. R. BORKAR, J.)