Gujarat High Court
Shrenik Kirtibhai Sheth vs State Of Gujarat on 12 June, 2019
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.MA/21851/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21851 of 2018
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SHRENIK KIRTIBHAI SHETH
Versus
STATE OF GUJARAT
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Appearance:
MR JR DAVE(254) for the Applicant(s) No. 1
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
MS HANSA PUNANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 12/06/2019
ORAL ORDER
1. On 01.04.2019, the following order was passed.
"The applicant, in pursuance of affidavit dated 07.01.2019, has already handed over Rs.50 Lacs to the victim. As regards the payment of remaining amount of Rs.3,25,95,128/- along with interest as contemplated in the said affidavit, he shall come with definite undertaking on the next date, failing which, he shall be taken back into judicial custody. The Bank shall also cooperate in case if the applicant would be unable to pay through liquid cash and/or adjusting through property.
List on 02.05.2019.
The temporary bail granted to the applicant as per order dated 08.01.2019 shall continue till the next date on same usual terms and conditions."
2. On 02.05.2019, the following order was passed.
"In view of previous order and undertaking given by the present applicant, the amount of Rs.3,25,95,128/- along with interest remains outstanding.
Learned advocate for the applicant shall come up with clear instructions as regards to terms of payment on monthly basis with clear details thereof. The applicant shall clear the amount of Rs.25,95,128/- on or before the next date of hearing i.e. 12.06.2019 and shall give clear proposal for clearing the remaining outstanding amount of Rs. 3 crore.
The temporary bail granted to the applicant as per order Page 1 of 2 Downloaded on : Sun Jun 30 20:17:58 IST 2019 R/CR.MA/21851/2018 ORDER dated 08.01.2019 shall continue till the next date on same usual terms and conditions."
3. Heard Mr. Vishal Dave, learned advocate appearing for the applicant and Mr. Tarak Damani, learned advocate appearing for the original complainant.
4. Mr. Vishal Dave, learned advocate appearing for the applicant, states that in pursuance of the aforesaid order, the applicant failed to pay Rs. 25,95,120/- due to financial crunch. He further states that let one more chance be given to the applicant in the interest of justice.
5. The record and proceedings clearly indicates that the applicant is not at all serious regarding making his compliance thereof as regards his affidavit dated 07.01.2019 submitted by the applicant. The applicant is not even serious as regards clearance of the aforesaid amount. The applicant has been granted benefit of interim bail, let it may be extended for further period upto 15.07.2019. If the applicant does not clear the aforesaid amount on or before 15.07.2019, then he shall remain present before this Court and he shall be directly taken into custody on that date. Further, the applicant shall consult the victim as regards the clearance of the outstanding amount about Rs. 3 Crores and shall give all the details thereof.
6. The temporary bail granted to the applicant as per order dated 08.01.2019 shall continue till the next date on same usual terms and conditions. S.O. to 15.07.2019.
(R.P.DHOLARIA, J) *F.S.KAZI.....
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