1209appp867.11+4.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRI. APPLN. (APPP) NO. 867/2011 IN CRI. APPLN. (ABA) NO. 125/2011 (Devanand Bhagirathiji Laddha & others Vs. State of Maharashtra) WITH CRI. APPLN. (APPP) NO. 868/2011 IN CRI. APPLN. (ABA) NO. 127/2011 (Gopal Laxman Kale Vs. State of Maharashtra) WITH CRI. APPLN. (APPP) NO. 869/2011 IN CRI. APPLN. (ABA) NO. 126/2011 (Manohar Zumbarlalji Kothari Vs. State of Maharashtra) WITH CRI. APPLN. (APPP) NO. 870/2011 IN CRI. APPLN. (ABA) NO. 130/2011 (Mahesh Bansidhar Khandelwal Vs. State of Maharashtra) WITH CRI. APPLN. (APPP) NO. 871/2011 IN CRI. APPLN. (ABA) NO. 131/2011 (Shivprakash Kaluram Ruhatia Vs. State of Maharashtra) ...................................................................................................................................... Mr. B. M. Mohta, Advocate for the applicants in APPP Nos. 867/11, 868/11 and 869/11. Mr. M. G. Sarda, Advocate for the applicants in APPP Nos. 870/11 and 871/11. Mr. S. S. Doifode, A.P.P. for the respondent-State. ...................................................................................................................................... CORAM : U. V. BAKRE, J. DATED : 12TH SEPT.,2011 O R D E R All the above applicants and three others had filed applications for 1209appp867.11+4.odt 2/4 anticipatory bail in Crime No. 21/2011 registered at City Kotwali Police Station, Akola for offences punishable under Sections 406, 409, 420, 120-B, 166, 167, 217 and 218 read with Section 34 of the Indian Penal Code. All the said applications were disposed of by common order dated 12/8/2011 and the applicants and two others were granted anticipatory bail under certain conditions. Conditions No.(i) and (vii) are as follows :- “i. The applicants in all these applications shall individually or collectively make deposit of Rs.60,00,000/- (Rupees Sixty Lakh) with the Brijlal Biyani Urban Co-operative Credit Society Limited, Akola, which would be for a fixed period of at least two years. vii. The aforesaid deposits shall be made within a month from the date of this order.” 2. The applicants, in Criminal Applications No. 868/11. 870/11 and 871/11 have prayed for extension of time to comply with the above conditions or in the alternative to mark their obligation as fulfilled. The applicants in Criminal Applications No. 867/11 and 869/11 have prayed for one month’s time to deposit the amount. 3. Shri S. S. Doifore, learned A.P.P. is present and he has waived the service on behalf of the respondent-State. 1209appp867.11+4.odt 3/4 4. Heard both the parties. 5. It is seen that the order dated 12/8/2011 is a composite order and further it does not specify any particular amount to be paid by each of the applicant. The applicants are required either individually or collectively to make the deposit of Rs.60,00,000/-. Hence, it is not permissible for the applicants to decide about the specific share of the deposit to be made by each applicant and pray for marking the obligation of some of them to be fulfilled. 6. The learned A.P.P. has vehemently objected to the applications on the ground that to day is the last day for making the deposit and no reason has been shown for waiting till the last date. 7. A perusal of the oder dated 12/8/2011 shows that it is not mentioned therein that failure to deposit the said amount within one month from the date of that order will amount to cancellation of the anticipatory bail granted to the applicants vide the said order. 8. It is seen that the applicants are willing to make the deposits but some of 1209appp867.11+4.odt 4/4 them could not make arrangement for deposit of the amount due to which entire amount cannot be deposited today. It is further seen that the applicants have collected part of the amount but they bonafidely need time for making arrangement of further amount. I do not see any malafide intention of the applicants and in my view, the applicants deserve extension of time, if not for one month, at least for three weeks. 9. In the result, in the interest of justice, the applications are allowed as under :- (i) The time to make deposit in terms of condition No. (i) of the order dated 12/8/2011 is extended for three more weeks as from today. (ii) The other conditions of the said order shall remain intact. (iii) It is hereby made clear that this shall be the last opportunity to the applicants to comply with the above order. JUDGE wwl