1 sns IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.612 OF 2011 Abdul Alim Khan ...Applicant. v/s The State ...Respondent. Mr. Vikas Shivarkar, adv. For the Applicant. Ms P.P.Shinde, APP for the Respondent/State. CORAM : J.H. BHATIA,J. DATED : SEPTEMBER 7,2011. P.C. 1 Heard. 2 According to the prosecution, the applicant had received huge amounts from the different investors and he had failed to repay the amounts on maturity. According to the prosecution, he had duped investors and, therefore, criminal cases have been registered against him under section 420 IPC. According to the prosecution, approximately an amount of Rs.39 lacs is due from the applicant to 20 different investors. According to the learned counsel for the applicant, amount due is around 34 lacs. Some investors have been repaid certain amount. 3 The learned counsel for the applicant 2 contends that the applicant had in turn invested money with different persons and he did not receive back the money. He had filed certain cases under section 138 of the Negotiable Instruments Act and against some others from whom money is due to him action has been taken by him . Therefore, after some discussion at the bar and after taking instructions from the applicant, the learned counsel for the applicant makes a statement and gives an undertaking that the applicant shall deposit an amount of Rs.5 lac each on or before 5th October and 5th November, 2011 and then amount of Rs.3 lac per month before 5th day of every succeeding month till whole of the amount is fully satisfied. In view of this statement and undertaking and in the circumstances, in my opinion, anticipatory bail may be granted to him. 4 Ad-interim anticipatory bail granted on 27th July, 2011 is hereby made absolute subject to following conditions: a) Applicant shall file undertaking before this Court within one week to the effect that he 3 shall deposit an amount of Rs.5 lac on or before 5th October, 2011 and Rs.5 lac on or before 5th November, 2011 and thereafter an amount of Rs.3 lac per month on or before 5th day of every succeeding month before the trial Court till whole of the amount due to the investors is cleared. If any installment is not deposited with the trial Court, that itself will be ground to seek cancellation of anticipatory bail. (b) Amounts, which may be deposited with the trial Court may be disbursed to the concerned investors. (c) Undertaking filed before this Court shall be without prejudice to his defence which he may have during the trial. 5 Application stands disposed off accordingly. (J.H. BHATIA,J.)