1 aba 968,969 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.968 OF 2011 Zahid Abdul Kadir Patel .. Applicant. -versus The State of Maharashtra and anr .. Respondents. ALONGWITH CRIMINAL APPLICATION NO.740 OF 2011 IN CRIMINALL APPLICATION NO.968 OF 2011 Zahid Abdul Kadir Patel .. Applicant. -versus The State of Maharashtra and anr .. Respondents. and M/s City Gold Farming Pvt. Ltd. .. Intervener WITH CRIMINAL ANTICIPATORY BAIL APPLICATION NO.969 OF 2011 Zahid Abdul Kadir Patel .. Applicant. -versus The State of Maharashtra and anr .. Respondents. ALONGWITH CRIMINAL APPLICATION NO.741 OF 2011 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.969 OF 2011 Zahid Abdul Kadir Patel .. Applicant. -versus The State of Maharashtra and anr .. Respondents and 2 aba 968,969 M/s Akruti City Knowledge Pvt. Ltd . .. Intervener Mr. A. P. Mundargi, Senior Counsel with Mr. Rupesh Nalavade, for the applicants. Mrs. M. R. Tidke, APP for the Respondent State. Mr. M. K. Dubey, for the applicants in Application Nos.740 and 741 of 2011. CORAM: R.C. CHAVAN, J. DATED: 22nd December, 2011 P.C. 1. Heard learned counsel for the parties. Learned Senior Counsel, for the applicant, who is present in the Court, states on instructions of his client, that without prejudice to the applicant’s rights and defences, the applicant is ready to deposit a sum of Rs.3,68,06,000/- in Criminal Application No. 968 of 2011 and an amount of Rs.97,79,295/- in Criminal Application No.969 of 2011 i.e. in all Rs.4,65,79.295/- in the following manner. The applicant would deposit before the learned trial Judge a sum of Rs.1,50,00,000/- within a period of four weeks and another sum of Rs.1,50,00,000/- within a period of four weeks thereafter i.e. within 8 weeks from today and balance amount of Rs.1,65,79,295/- within 12 weeks from today. 2. The applicant will file an undertaking on oath to 3 aba 968,969 this effect in the Registry of this Court within a period of one week. On such undertaking being filed, there should be no difficulty in admitting the applicant to anticipatory bail though the learned counsel for the first informant as well as learned APP has very strong objection. In view of this, the interim order dated 29th November, 2011 shall stand confirmed subject to following conditions in addition to already imposed upon applicant:- i) The applicant shall deposit before the learned trial Judge an amount of Rs.4,65,79,295/- i.e. a sum of Rs.1,50,00,000/- within a period of four weeks and another sum of Rs.1,50,00,000/- within a period of four weeks thereafter i.e. within 8 weeks from today and balance amount of Rs. 1,65,79,295/- within 12 weeks from today, which amount the learned trial Judge shall invest in interest earning deposit schemes in the State Bank of India, and shall deal with the same at the end of the trial as per result of the trial. ii) The applicant shall file an undertaking on oath to this effect in the Registry, within a period of one week. On applicant’s failure to comply with above directions,irrespective of whether the day for compliance falls in vacation or a holiday, the order shall stand revoked. 4 aba 968,969 iii) The order shall remain in force till the trial is over with the only stipulation that if chargesheeted the applicant may furnish fresh bonds before the trial Court in view of the judgment of the Hon’ble Supreme Court in case of Siddharam Satlingappa Mhetre -vs- State of Maharashtra and ors, reported in A.I. R. 2011 (SC) 312. iv) Both the bail applications as well as intervening applications stand disposed of accordingly. (R. C. CHAVAN, J.)