1 Criminal Application No.1577/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1577 OF 2011 IN CRIMINAL APPLICATION NO.528 OF 2011 Haji Abdul Rasheed s/o Haji Mohammed Hussain Kandhari ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Ms. A.N. Ansari, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent No.1. Shri S.S. Kazi, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 27th April, 2011 PER COURT : 1. Heard. By present application, the applicant has requested either to extend time to deposit Rs.25,00,000/- pursuant to order of this Court, dated 20.2.2011 or to allow him to furnish Bank guarantee for the said amount instead of depositing the amount in the Court. 2. In Criminal Application No.528/2011, by order dated 2 Criminal Application No.1577/2011 28.2.2011, while entertaining the bail application of present applicant, following order was passed : (i) The accused/ applicant Haji Abdul Rasheed s/o Haji Mohammed Hussain Kandhari be released on executing P.R. bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). (ii) The accused/ applicant shall attend the investigator on every Sunday between 3.00 p.m. to 6.00 p.m. till filing charge sheet. He shall not influence the witnesses. (iii)The accused/ applicant shall deposit an amount of Rs. 25,00,000/- (Rupees twenty five Lakhs) before the learned Principal Sessions Judge, at Nanded in Application No. 1026/2010, which has been rejected on 31.1.2011, within a month from today. Failure to deposit to suffer cancellation of protection. After deposit, the learned Sessions Judge will invest the amount in a nationalised Bank. The amount shall be ultimately received by the party succeeding in the criminal case. 3. Being aggrieved by said order, S.L.P. was moved before Supreme court. S.L.P. was dismissed as withdrawn with liberty to approach this Court for modification of the conditional order. Based on above directions, present application in terms of earlier referred prayer is made. 4. Several contentions are raised by the counsel 3 Criminal Application No.1577/2011 opposing the application, questioning bonafides of the accused/ applicant in making this application to this Court as in spite of specific directions he has abstained attendance before the Court. The counsel submits that, the deposit in the Court was with an intention to facilitate the ultimate succeeding party to earn interest. According to the learned counsel, if the order is modified by allowing to furnish Bank guarantee, the ultimate succeeding party would not be in a position to earn interest and accordingly, the complainant, who has parted amount of Rs. 42,00,000/- of his share, would be the loser. 5. Survey of all the facts, is indicative, instead of permitting the accused/ applicant to furnish a Bank guarantee, the alternate prayer seeking extension needs consideration. Time to deposit Rs.25,00,000/- (Rupees twenty five lacs) pursuant to earlier order is extended up to 31st May 2011. Application allowed to the extent as above. K.U. CHANDIWAL JUDGE fmpcri15772011