1. This is an application for cancellation of bail granted to the respondent No. 2 by this Court vide order dated 30/07/2012 in Criminal Misc. Application No. 7447 of 2012. There were certain conditions imposed by this Court while enlarging the respondent No. 2 on regular bail. The amount to be deposited had been specified and also the time period scheduled therein was made known to the respondent No. 2. Subsequently, some other applications were moved seeking extension of time on account of financial difficulties, however, it was ensured by the respondent No. 2 to abide by all the conditions and to deposit the entire amount before the trial Court. The respondent No. 2 was further directed to file an Undertaking before this Court within a period of 07 days as per the direction given in the order dated 19/07/2012 in Criminal Misc. Application (For Cancellation of Bail) No. 10214 of 2013.
2. Learned advocate Mr. Prajapati appearing for the applicant has urged that neither the amount has been deposited nor any Undertaking, as directed by this Court, has been filed.
3. The respondent No. 2 is present before this Court. He waives the service of notice of Rule. He further urges that he is in the process of disposing of one of his properties and as he has good intention to pay back the entire amount, time be given to him. He does not dispute his liability as was undertaken by him at the time of enlargement. Learned Additional Public Prosecutor waives service of notice of Rule. The matter is scheduled on 11th October 2013, as requested for by both the sides. In the meantime, the respondent No. 2 ensures to show his bona fide by depositing the substantial amount before the trial Court or this Court. He also shall file his Undertaking as was directed earlier vide order dated 19/07/2013.
4. At this stage, a request is made by respondent No. 2 to get the legal aid. The Registry is directed to provide him the legal aid through Legal Aid Committee of the High Court from their penal advocates, within a period of one week.
[ Sonia Gokani, J. ] hiren Page 3 of 3