Vishwas Gajanan Kajle ... vs The State Of Maharashtra
2023 Latest Caselaw 6832 Bom

                                                            503-apl789-2023.doc


 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

              CRIMINAL APPLICATION NO.789 OF 2023


 Vishwas Gajanan Kajle (Adgaonkar)              ... Applicant
            V/s.
 The State of Maharashtra                       ... Respondent


 Mr. Vivek Salunke for the applicant.
 Mrs. Veera Shinde, APP for the respondent/State.



                               CORAM : AMIT BORKAR, J.

                               DATED     : JULY 11, 2023
 P.C.:

1. Clause (2) of order dated 13 June 2023 reads thus:

"02] In the event of arrest, the accused namely Vishwas Gajanan Kajle (Adgaonkar) be released on bail on executing personal bond of Rs.25,000/- with one or more surety in the likewise amount each in Crime No.126 of 2023 registered with Sarkarwada Police Station for the offences punishable under sections 420 and 406 read with 34 of the I.P.C. to the satisfaction of the I.O., on the condition that he should deposit Rs.12,01,000/- before the concerned J.M.F.C., having local jurisdiction over the said police station, as an security towards the non-payment of amount, in one month of the order. Otherwise, the anticipatory of the accused stands rejected."

2. Reading of clause (2) makes it clear that the Sessions Judge has directed deposit of entire amount of consideration received by

503-apl789-2023.doc

the applicant from the complainant. In the facts of the case, such direction amounts to be unreasonable.

3. In view of recent judgment of the Apex Court in Ramesh Kumar v. State NCT of Delhi & Anr. reported in 2023 SCC Online SC 766, the applicant has made out a case for grant of interim relief.

4. Till next date, the condition of deposit of Rs.12,01,000/- before Trial Court within one month in clause (2) of the order dated 13 June 2023 shall remain stayed. However, rest of the order dated 13 June 2023 shall remain in force.

5. Leave to amend to add complainant as party-respondent. Amendment to be carried out forthwith.

6. Issue notice to the newly added respondent/complainant, returnable on 1 August 2023.

(AMIT BORKAR, J.)