1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application [ABA] No.83 of 2011 [Muntezar Khan Kale Khan Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Mardikar, Adv., for the applicant. Mr. M.J. Khan, APP for respondent. ---- CORAM : A.H. JOSHI, J. DATE : 06th May, 2011. 1. Heard. 2. By this application, the applicant is seeking modification in the order dated 1st July, 2010 by which this Court had directed that anticipatory bail is granted on the condition that the applicant shall deposit the amount of salary received by him on or before 29th July, 2010. 3. This Court had brought it to the notice of the applicant the position that this Court had granted time upto 29th July, 2010, subject 2 to filing of affidavit of undertaking on or before 8th July, 2010, and that the applicant had availed the liberty, now, it is not open to applicant to ask for exemption. This exercise could have been done before the due date fixed by this Court for payment. 4. After taking instructions from the applicant, learned Adv. Mr. Mardikar states that the applicant is suffering grave hardship, however, he is ready to deposit the amount and he orally prays for extension of time for deposit of amount of Rs.1.56 lakhs [rupees one lakh fifty-six thousand] for thirty days from today. 5. In the background that month's time was already granted, and about ten months' time has been illegally secured by the applicant, further one month's time may still be granted. The amount of Rs. 1.56 lakhs [rupees one lakh fifty- six thousand only] be deposited with Akola Municipal Corporation, Akola, by the petitioner by Demand Draft drawn from a Nationalized Bank, on or before 6th June, 2011. 6. The acknowledgment of deposit be produced along with copy of the Demand Draft of the money before Investigating Officer before 7th June, 2011. 7. It is made clear to applicant as well as Investigating Officer Shri Vilas Ramesh Patil, API, City Kotwali Police Station, Akola, 3 who is present in the Court that if the acknowledgment of deposit is not furnished, the Investigating Officer would be free to arrest the petitioner at once. 8. This payment will not preclude the applicant from applying for variation of the order and seeking refund, if law permits. 9. Application is accordingly disposed of. Judge |Hedau|