Santoshkumar Pannalal Tiwari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.1496 OF 2021 IN CRIMINAL INTERIM APPLICATION NO. 1197 OF 2021 Santoshkumar Pannalal Tiwari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. N. S. Mundargi i/b Mr. Advait U. Shukla, for the Applicant. Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 7th JUNE, 2021 (THROUGH VIDEO CONFERENCING) P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks extension of time of four weeks to deposit part of the first deposit. He submits that the applicant will deposit Rs.5 lakhs out of Rs.10 lakhs on or before 9th June 2021 and the balance amount of Rs.5 lakhs within four weeks thereafter i.e. on or before 9th July 2021.

2/3 3.

Perused the papers. This Court vide order dated 8th April 2021 suspended the sentence and enlarged the applicant on bail, pending the hearing and final disposal of his appeal, on certain terms and conditions. 4.

Clause (iii) of the said order dated 8th April 2021, reads as under:- "iii) The Applicant shall deposit Rs.20 lakhs in the trial Court i.e. Rs. 10 lakhs within eight weeks from the date of his release and the balance amount of Rs.10 lakhs within eight weeks thereafter."

5.

Learned Counsel for the applicant submits that the applicant is unable to deposit the entire amount of Rs.10 lakhs. He states that the applicant will deposit part of the said amount i.e. Rs.5 lakhs on or before 9th June 2021, as directed by this Court vide order dated 8th April 2021. Learned Counsel, however, seeks extension of time of four weeks to deposit the balance amount of Rs. 5 lakhs of the first installment on or before 9th July 2021.

6.

For the reasons set out in the application, application is allowed. Accordingly, the applicant to deposit part of Rs.10 lakhs i.e. Rs.5

3/3 lakhs on or before 9th June 2021 and the balance Rs.5 lakhs out of Rs10 lakhs on or before 9th July 2021. As far as the second installment of depositing Rs.10 lakhs within eight weeks of the first deposit of 9th June 2021 is concerned, the same to be complied with as directed by this Court vide order dated 8th April 2021.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.