1 CR.APL.NO.305/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 901. APPLN/305/2011 RAMKRISHNA OMKAR DHAKE AND ANR [Criminal] V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.K.C.Sant, Adv., for the applicants. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:27/4/2011 1. Heard Mr. K.C.Sant extensively. The order dt.10th March, 2011, reads as under: 1. It is at 4.30 p.m., after substantially arguing the matters, submissions from the applicants in Criminal Application Nos.420/2011, 421/2011, 422/2011, 310/2011, 417/2011 are yet to commence. 2. By way of interim arrangement, considering the huge liability carried and seen even in documents against the borrowers of Criminal Application Nos.305/2011, 399/2011 and 417/2011, following interim arrangement is made: (i) In Criminal Application No. 399/2011, the applicant No.1 shall deposit an amount of Rs.50,00,000/- (Rupees Fifty Lakhs) in the account of Utkarsha Shelter & Estate Pvt. Ltd. with the Credit Cooperative Society up to 29th March 2011. (ii) So far as Criminal Application No. 305/2011 is concerned, the borrowers shall deposit Rs.40,00,000/- (Rupees Forty Lakhs) consolidated. (iii) So far as borrowers in Criminal Application No.417/2011 is concerned, the 2 CR.APL.NO.305/2011 borrowers shall deposit Rs.25,00,000/- (Rupees Twenty Five Lakhs) in each of the loan account of the respective borrowers. (iv) So far as applicants in Criminal Application Nos.310/2011, 420/2011, 421/2011, 422/2011 are concerned, each of the applicants barring female applicants i.e. applicant No.1 Jyoti Shekhar Warke and applicant No.2 Vijaya Bhagwat Bharambe and the applicant belonging to Scheduled Tribe community i.e. applicant No.7 Pandharinath Soma Koli, to deposit Rs. 1,00,000/- (Rupees One Lakh) each with the respective Branch of the Credit Cooperative Society up to 29th March 2011. 3. These deposits shall be certainly without prejudice to the rights of these applicants to stake claims as this is made to survive the credit cooperative society which is put in a quantum and needs a leap to survive. 4. S.O. 29th March 2011. 2. Mr. Sant candidly accepts that the order is not complied with. He has assigned reasons for the same. According to him, all the properties of the borrowers/applicants are under lien with the Credit Cooperative society and unless few of the properties are released, it will not be possible for the accused/applicants, the borrowers, to comply the directions dt. 10th March, 2011. 3. Learned Counsel also submits, on subsequent dates, whenever the matters were called, difficulty was explained to the Court and via medias were tried to be evolved, however, it could not be so done. Ultimately, Mr. Sant submits that if three months' time is given and some of the 3 CR.APL.NO.305/2011 properties are relieved from the lien of the Bank, the accused/applicant shall deposit Rs.40,00,000/- ( Rs. forty lacs) consolidated on account of loan availed by the applicant Ramkrishna and his wife. 4. Even if several allegations against the accused/applicants, are kept in wrappers, the fact remains, the directions are not adhered. It was, to ensure some compliance of payment of loan amount, hopping figure of around Rs. three crores, applicants were directed to exhibit bona fides. Creation of charge on the property by itself would not be a ground to seek extension for deposition, to adhere in tune to the conditions dt.10th March, 2011. The conditions were specific - applicants knew, release of property as a precondition would not be possible. They were expected to be honest in their conduct. Hence, non-compliance does not entitle the accused/applicants to continue the interim protection. Accordingly, it is terminated. Criminal Application lacks merit, dismissed. Heard. Interim protection is extended till 6th May, 2011. (K.U.CHANDIWAL) JUDGE AGP/305-11crapl