..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.643 OF 2007 IN CRIMINAL APPLICATION NO.825 OF 2007 Rajendra Kumar Motilal Daga. ..Applicant. Versus The State of Maharashtra. ..Respondent. .. Mr.Vaibhav Punekar, Adv. for the Applicant. Mr.A.R.Patil, APP, for the State. .. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : MARCH 17, 2008. DATED : MARCH 17, 2008. DATED : MARCH 17, 2008. (IN CHAMBER, 2:40 P.M.) P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. By order dated 2nd April, 2007 the applicant came to be granted anticipatory bail in M.E.C.R.No.3 of 2004 of Sir. JJ Marg Police Station. The said case is mainly under Sections 409, 420, 468 of IPC. When the matter for anticipatory bail was being heard, the learned Advocate for the applicant, on instructions, has made a statement that the applicant will deposit Rs.45 Lacs with the Investigating Officer within a specified period. Thereafter, by ..(2).. order dated 9th October, 2007 the applicant was granted time upto 22nd October, 2007 to deposit the amount of Rs.5 lacs before the I.O. and time upto 30.11.2007 to deposit the remaining amount of Rs.40 lacs with the I.O.. Lastly, by order dated 25th October, 2007 the applicant was granted time upto 30th October, 2007 to deposit sum of Rs.5 lacs with the I.O.. On 25th October, 2007 the present application came to be disposed of. 3. Pursuant to the order dated 25th October, 2007 the applicant prepared two bankers’ cheque in the total sum of Rs.5 lacs drawn in the name of the Investigating Officer. Thereafter this matter was mentioned before this Court on 31st October, 2007. The learned APP who appeared in the matter on that day pointed out that the investigating agency is facing difficulty in opening the accounts etc. in the bank and depositing these banker’s cheques and the balance amount of Rs.40 lacs which will be deposited at a later stage. Various difficulties were stated by the learned APP on that day. In view of the difficulties mentioned by the learned APP, the order dated 2nd April, 2007 and the subsequent orders ..(3).. till 25th October, 2007 came to be modified to the extent that instead of depositing the amount with the Investigating Officer, the amount to be deposited in the trial Court. As far as initial amount of Rs.5 lacs is concerned, the applicant was granted time upto 20th November, 2007 to deposit the said amount of Rs.5 lacs before the trial Court. As far as deposit of balance amount of Rs.40 lacs is concerned time was granted to the applicant to deposit the same in the trial Court by 30th November, 2007. 4. Now the learned Advocate for the applicant has moved a praecipe before this Court for extension of time to deposit the amount of Rs.40 lacs as stated in the order dated 31st October, 2007. It is an admitted fact that Rs.5 lacs have been deposited by the applicant in the trial Court on 20th November, 2007 as stated in the order dated 31st October, 2007. However, as far as balance amount of Rs.40 lacs is concerned, the applicant is seeking some more time to deposit the said amount in the trial Court. Mr.Patil, the learned APP has vehemently objected to grant of any further extension of time to the applicant to deposit the amount of Rs.40 lacs in the ..(4).. trial Court. However, as a last chance, I am inclined to grant a further period of 10 days to the applicant to deposit the amount of Rs.40 lacs in the trial Court. It is made clear that if the amount of Rs.40 lacs is not deposited within a period of 10 days from today, the anticipatory bail granted to the applicant by order dated 2nd April, 2007 shall stand automatically cancelled and the investigating agency can forthwith take the applicant into custody. 5. With the above directions, criminal application is disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)