Karan Jethanand Asnari v. The State Of Maharashtra And ANR

925-IA-4496-2024.doc Prasad Rajput (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 4496 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 1583 OF 2024 Karan Jethanand Asnari .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Sunny Jain a/w Mr. Sanjay Pandey and Mr. Abhishek Kolge, for Applicant.

 Mr. Karmakar, APP for State.

 Mr. Mahendra Doke, PSI, Turbhe Police Station. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 09, 2025 P.C.

:

1.

Heard Mr. Jain, learned Advocate for Applicant and Mr. Karmakar, learned APP for State.

2.

This is an Application filed by Applicant seeking cancellation of Anticipatory Bail granted in Anticipatory Bail Application No. 1583 of 2024 by order dated 13th June, 2024.

3.

Paragraph No. 6 (i) the order dated 13th June, 2024 states that order is subject to the condition that Applicant shall deposit an amount of Rs. 50,000/- in the Trial Court within a period of two weeks from the date of the passing of the order. Only in that event, the Court had protected the Applicant and allowed the Application. Mr. Karmakar, learned APP takes instructions from the Investigating Officer - Mr. Mahendra Doke who is personally present in the Court Corrected/modified order as per speaking to the minutes order dated 13.01.2025. 1 of 2

925-IA-4496-2024.doc and informs the Court that the said condition has not been complied with by the Applicant namely the accused. This is shocking. The Applicant in the ABA has taken advantage of the order and breached it on the face of record.

4.

In that view of the matter, the present Application deserves to be allowed for non-compliance of the essential condition which is the condition precedent as stated in the order dated 13th June, 2024. 5.

Application stands allowed in terms of prayer Clause (a). Order dated 13th June, 2024 stands cancelled. 6.

Application is disposed P.R. Rajput [ MILIND N. JADHAV, J. ] Corrected/modified order as per speaking to the minutes order dated 13.01.2025. 2 of 2