1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1500 OF 2008 Shashikant Nanaji Gaikwad .. Applicant. Vs. State of Maharashtra & Anr .. Respondents. Mr.S.K.Jain for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.84 of 2008 of Khadki police station, Pune. The said crime has been registered against the applicant for allegedly misappropriating an amount of Rs.34,55,507/- which the applicant was supposed to deposit towards the Provident Fund of the employees. It appears that counsel appearing for the applicant during the course of hearing had furnished an undertaking on oath duly signed by the applicant stating therein that the component of interest of Rs.22,80,973/- will be directly deposited with the Commissioner of the Provident Fund, Pune on or before 29th August, 2008. The undertaking and the statements 2 2 2 made therein were taken on record vide order dated 6th June, 2008. In view thereof the applicant was protected by the order dated 6th June, 2008 and the said protection has been continued from time to time. On 13th October, 2008, the learned counsel for the applicant once again sought time to deposit the component of interest and by way of last chance time was granted till this date. I have perused the undertaking furnished by the applicant dated 5th June, 2008. The relevant portion in the undertaking reads thus: ... ... ... I, Shashikant Nanaji Gaikwad, the deponent above named without prejudice to my rights and contentions, hereby solemnly undertake to this Hon’ble Court to deposit the said interest amount of approximately Rs.22,80,973/- directly with the Commissioner of Provident Fund, Pune or or before 29th August, 2008." . Till this date the applicant has not deposited anything towards the component of interest amounting to Rs.22,80,973/-. In the circumstances this application deserves to be dismissed for non prosecution. Order accordingly. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)