1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3004 OF 2009 Parasmal Nemichand Jain APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ........ Mr.A.V.Deshmukh, Advocate for applicant Mr.N.B.Patil, APP for respondents No.1 and 2 State. Mr.P.P.Chavan, Advocate for respondent No.3 ........ [CORAM : A.V.POTDAR, J.] DATE : 18th February 2010 PER COURT : 1. By this application the applicant has prayed to quash and set aside the order dated 11.08.2009 passed in Criminal Application No.775/2009 by Adhoc Additional Session Judge, Jalgaon to the extent of conditions in clause NO.1 to 5 of the impugned order or to modify the said order by relaxing the conditions imposed on the applicant. 2. Heard learned counsel for the applicant, learned APP and learned counsel for respondent No.3. 3. Perusal of documents annexed with the application 2 indicates that the applicant had moved the criminal application, which came to be allowed by the learned Adhoc Additional Sessions Judge, Jalgoan on 11.08.2009. However, while allowing the application, a condition was imposed on the applicant that the applicant shall deposit principal loan amount of Rs.20 lakhs within a period of 15 days from the date of the said order with present respondent No.3. 4. Now, the applicant has prayed for relaxation of the said condition that some time may be granted as unless the applicant disposes of his property it would not be possible for him to deposit the amount, as directed by the lower court. It is also contended that after the said order came to be passed, the applicant has sold one of his property and deposited amount in the sum of Rs.3,50,000/- on 05.09.2009. This fact is not disputed by the learned counsel for original complainant. Learned counsel for applicant submits that the applicant intends to sale his property to deposit the said amount, however it would require some time and hence it is prayed that 6 months' time be granted to deposit the amount as directed by the lower court. Learned counsel for respondent No.3 has contended that very long period is sought for, which may be curtailed. 5. It is not disputed that the applicant has obtained the loan and the said is still outstanding and he has not deposited the same within the stipulated time. However, applicant has fairly stated that the said amount is due against him and he wants to repay the 3 same, however some time, to dispose of his property, may be granted. As the applicant has shown is bona fides, to repay the outstanding loan against him, it is desirable to grant some time to applicant to dispose of the property and deposit the sale proceeds in the complainant bank. 6. In the result condition No.2 (1) imposed vide order dated 11.08.2009 by the lower court to deposit the principal amount of Rs. 20 lacs within a period of 15 days, is hereby relaxed and the same is modified to the effect that the applicant shall deposit the principal amount of Rs.20 lacs within a period of 6 months from today. With this modification, the application stands disposed of. It is, however made clear that this order is not passed on merits, however, in view of the peculiar circumstances. (A.V.POTDAR, J.) drp/A10/criapln3004-09