Raghunath Laxman Utekar v. Bayobai Raghunath Utekar

1 WP 2047-15.doc-902

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2047 OF 2015 Raghunath Laxman Utekar.

] ... Petitioner

Versus

1. Smt. Bayobai Raghunath Utekar, ]

2. State of Maharashtra.

] ... Respondents Mr. Jagdish H. Sawant for Petitioner.

Mr. Sachin Chandan h/f Mr. Harshad Sathe for Respondent No.1. CORAM :- M. S. SONAK, J.

DATE :- MARCH 03, 2016 P. C. :- 1.

The learned Counsel for petitioner states that the petitioner is complying with the condition imposed in the impugned order dated 04/03/2015, subject to which, the petitioner has been granted a stay.

2.

The learned Counsel submits that the condition is rather harsh and therefore, the same should be modified. In any case, he submits that at least directions be issued to the Additional Sessions Judge, Mangaon ('ASJ') to dispose of Criminal Appeal No.18 of 2015 expeditiously so that the petitioner is not required to go on depositing the amounts towards interim maintenance.

URS

2 WP 2047-15.doc-902 3.

There is no reason to interfere with the impugned order. However, considering the circumstance that the petitioner is complying with the condition set out in the impugned order dated 04/03/2015, the Criminal Appeal No.18 of 2015 before the learned ASJ is hereby expedited. The learned ASJ is directed to dispose of the appeal as expeditiously as possible and in any case, within a period of six months from today.

4.

The respondent no.1 is permitted to withdraw the amount deposited by the petitioner before the Trial Court. This is yet another consideration for which Criminal Appeal No.18 of 2015 is now ordered to be expedited.

5.

The petition is disposed of in the aforesaid terms. There shall be no order as to costs.

6.

All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) URS