LAWS(GJH)-2011-5-38

YOGESHBHAI DURGAPRASAD SHARMA Vs. STATE OF GUJARAT

Decided On May 11, 2011
YOGESHBHAI DURGAPRASAD SHARMA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The applicant, who was ordered to be released on bail as he was in custody in connection with the offences registered as I.CR. No. 375 of 2004 at Madhavpura Police Station for the offences punishable under Sections 406, 409, 420, 467, 471, 120-B of the Indian Penal Code, has taken out this application for seeking modification in the order and exemption from making further payment on account of his inability to pay for the reasons pleaded in the application. The applicant had agreed to pay Rs. 1 crore to Bank as condition for releasing him on bail. The schedule of payment was also mentioned in the order. Unfortunately, on the part of applicant, he could not adhere to the schedule and hence present application was filed contending that in fact the brother of the applicant and co-accused is to be blamed for defaults.

(2.) Today, learned advocate for the applicant has placed on record the affidavit-in-rejoinder to meet with the reply filed by Respondent Bank. The same is taken on record. Learned advocate appearing for the applicant, under the instructions of the applicant, who is present in the court and who has been identified by Shri Popat, learned advocate for the applicant, that applicant be given some extension of time in complying with the order of payment of Rs. 1 crore, which he had agreed to pay as one of the conditions of his release. He further submits that the applicant be given extension of time for making payment of Rs. 1 crore. He also submitted that in the meantime, the schedule, who was given, was not adhered to, however, total amount of Rs. 56 lacs is already paid, which includes the deposits lying with the Bank, which have been encashed and appropriated towards said amount and hence only Rs. 44 lacs are remaining to be paid. Learned advocate for the applicant submitted that out of remaining amount, Rs. 8 lacs will be paid in the first week of June, 2011 and thereafter, in every subsequent months on or before 28th day of that month from July, 2011, on wards Rs. 6 lacs would be paid, which would complete Rs. 44 lacs by 28th December, 2011. Learned advocate for the applicant has also submitted that the applicant is ready and willing to file an undertaking to this effect.

(3.) Shri Vikram Singh Gohil, learned advocate for Respondent No. 2 submitted that they have no objection in case if the applicant is permitted to make up deficiency in payment by extending the time.