Judgment · High Court · 2009
Case at a glance
Outcome
Dismissed
criminal application is dismissed
Key paragraphs
- Para 33. The applicant has already availed himself of the bail, pursuant to the order dated 4th March 2008 is now seeking to reduce the amount. Since the order was passed in view of the statement made by the applicant himself, there cannot be * 3…
Judgment
[ SHRI.SAT YANARAYAN VYAS V/s. (1) JAYWANTI SHIKHARE (2) STATE OF MAHARASHTRA ] _______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders _______________________________________________________________________________ Court’s or Judge’s orders Ms.B.P.Jakhade, adv.for applicant. Mrs. Jaywanti Prakash Shikhare, respondent no. 1 in person. Mr.S.A.Shaikh, APP for State-respondent no.2 CORAM : SMT.R.P.SONDURBALDO TA, J. DATED : 29TH AUGUST, 2009. P.C. :
Heard counsels for both sides.
This application is for modification of the order dated 4th March, 2008 by which the applicant was granted bail. The order was passed in view of the statement made by * 2 * the applicant before the court that he is willing to deposit a sum of Rs.3 lacs within one week. The applicant has not deposited the amount till date. The learned counsel for the applicant, submits that the order be modified to enable the applicant to deposit only Rs.45,000/- in the court as the applicant has already deposited a sum of Rs.2,55,000/- in the court pursuant to the orders of the Sessions Court. The application is opposed by respondent no.1. Ms.Jakhade, the learned counsel for the applicant submits that the statement made by the learned counsel as regards the willingness to deposit the amount of Rs.3 lacs in the court was out of ignorance of the fact that the applicant has already deposited Rs. 2,55,000/- in the court.
Operative part
The applicant has already availed himself of the bail, pursuant to the order dated 4th March 2008 is now seeking to reduce the amount. Since the order was passed in view of the statement made by the applicant himself, there cannot be * 3 * modification of the same. It is also to be noted that the cheque in question is of Rs. 9 lacs. In the above circumstances, the criminal application is dismissed. The time to deposit the amount by the applicant is extended by 2 weeks from today. If the amount is not deposited within 2 weeks from today, the order of bail granted to the applicant will stand vacated. [JUDGE]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: criminal application is dismissed
Which court decided this case, and when?
Bombay High Court, on 29 Aug 2009. The bench was R P SONDURBALDO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.