Cri. Apln. No. 1748/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1748 OF 2011 Shri. Bapu Hanumant Gaikwad ....Applicant. Versus State of Maharashtra & Anr. ....Respondents. Mr. A.B. Gatne, Advocate for applicant. Mr. G.R. Ingole, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 7th June, 2011. PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code in Cr. No. 5/2011 registered with Naldurg Police Station, District Osmanabad for offences under sections 409, 420 of the Indian Penal Code. 2. The report is given by employee of the sugar factory. Allegations are made that the Supply Officer of the sugar factory namely Mukund Bhujbal committed fraud of Rs. 44 lacs by entering into agreements with his relatives. The present applicant, was supposed to provide labour and transport facility to sugarcane factory. As per the record, out of Rs. 44 lacs, amount of Rs. 8 lacs was given to applicant. In spite of this Cri. Apln. No. 1748/11 2 circumstance, this Court had given relief of ad-interim anticipatory bail, subject to condition that applicant should deposit Rs. 4 lacs on or before 6.6.2011. 3. The advocate for the applicant submitted that the applicant has not deposited such amount till this date. This Court again offered to applicant to deposit amount of Rs. 8 lacs. But, the advocate for the applicant submitted that the applicant would require period of three weeks. In view of past conduct of the applicant and nature of the offence, such concession cannot be given. As the condition imposed is not complied with and as the applicant had joined hands with the employee of the sugar factory to cause loss to the factory, the application cannot be allowed and the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1748.11