[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.240 OF 2008 IN ANTICIPATORY BAIL APPLICATION NO.825 OF 2007 Rajendra Kumar Motilal Daga ..Applicant Vs. The State of Maharashtra ..Respondents ... Mr.Rahul Kolnoorkar Advocate for Applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : APRIL 17, 2008 DATE : APRIL 17, 2008 DATE : APRIL 17, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. By order dated 8th April, 2008, this Court directed the Applicant to deposit an amount of Rs.20 lakhs in the trial Court on or before 15th April, 2008. The remaining amount of Rs.20 lakhs was to be deposited by the Applicant on or before 14th May, 2008. The learned Advocate for the Applicant states that pursuant to the order of this [-2-] Court, they took Banker cheque dated 15th April, 2008 drawn on ICICI Bank. The said Banker Cheque was Rs.20 lakhs. However, when they went to deposit the same in the trial Court, the Registry of the trial Court expressed its inability to immediately take the cheque as the cheque was drawn in the name of Investigating Officer Sir JJ Marg Police Station in MECR No.3 of 2004 and hence, it became necessary to open the Account to deposit the cheque. The Registry informed that at least time of 7 to 8 days would be required to open the account and thereafter only the cheque could be deposited. 3. The learned Advocate for the Applicant states that as this Court directed that the amount was to be deposited on 15th April, 2008, they had accordingly approached the trial Court, however, due to the above mentioned difficulty, the said cheque could not be deposited before the trial Court on 15th April, 2008. On earlier occasion, the learned APP has cited various difficulties for the Investigating Agency in opening the account in Bank and depositing the banker cheque. Hence, by order dated 31st October, 2007 the order was [-3-] modified and instead of depositing the amount with the Investigating Officer, it was directed that amount should be deposited in the trial Court. In such case, it was not necessary to draw banker cheque in the name of Investigating Officer but the cheque should be drawn in the name of "The Registrar, Mazgaon Court". The said banker cheque to be deposited with the Registrar of the trial Court i.e. Mazgaon Court on or before 25th April, 2008. The date 15th April, 2008 mentioned in order dated 8th April, 2008 is extended to 25th April, 2008. It is made clear that if the amount of Rs.20 lakhs is not deposited in the trial Court on or before 25th April, 2008, it would be open to the Investigating Officer to forthwith take the Applicant into custody. 4. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]