Sunil Khanna v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 151 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 46 OF 2017 WITH CRIMINAL APPLICATION No. 152 OF 2017 IN CRIMINAL REVISION APPLICATION No. 46 OF 2017 WITH CRIMINAL APPICATION No. 70 OF 2017 IN CRIMINAL APPLICATION No.577 OF 2016 IN CRIMINAL APPLICATION No. 502 OF 2016 IN CRIMINAL APPLICATION No.503 of 2016 IN CRIMINAL REVISION APPLICATION No. 503 OF 2016 Sunil Khanna ...Applicant Vs.

The State of Maharashtra and Anr.

...Respondents

Ms. Shweta Kadam i/b. Sudha Dwivedi for Applicant Ms. Neeta S. Jain -APP for the State Mr. Rahul Khanna - Respondent No.2 present.

CORAM : PRAKASH D. NAIK, J.

DATE : 16 JANUARY, 2018.

P.C. :- 1.

The revision applicant was granted bail by this Court vide order dated 7t December, 2016. The revision applicant was directed to deposit 1/3

the amount of Rs.13,00,000/- in four installments i.e. Rs.3,00,000/- within one week, Rs. 3,00,000/- on or before 30th December, 2016; Rs.3,00,000/- on or before 30th January, 2017 and balance Rs.4,00,000/- on or before 28th February, 2017.

2.

The Applicant has deposited the first and second installments of Rs.3,00,000/- each. The said amount has been deposited before the Court of the Learned Metropolitan Magistrate, 63rd Court at Andheri in CC No. 2449/SS/2011. However, there is a default on the part of the revision applicant in depositing the third and fourth installments which were due on 30th January, 2017 and 28th February, 2017. 3.

Learned Advocate for the Applicant submits that on account of financial constraints, the revision applicant could not deposit the said amount. The Applicant further preferred criminal application No. 151 of 2017 seeking condonation of delay in depositing the amount and criminal application No. 152 of 2017 for extension of time for depositing the said amount.

4.

Considering the submissions advanced by the learned Advocate for the Applicant, three weeks' time is granted to the Applicant to deposit the third and fourth installments. Respondent No.2- Original Complainant is permitted to withdraw the amount of Rs.6,00,000/- deposited by the revision applicant before the Court of the Learned Metropolitan Magistrate, 2/3

63rd Court, Andheri, Mumbai in CC No. 2449/SS/2011. After depositing the amount in respect of the third and fourth installments by the Applicant, Respondent No.2 is permitted to withdraw the said amount. The withdrawal shall be subject to the decision in the Criminal Revision Application No.46 of 2017. The Criminal Application Nos.151 of 2017, 152 of 2017 and Criminal Application No. 70 of 2017 stand disposed of. [PRAKASH D. NAIK, J.] 3/3