Kiran Narhari Cheulkar v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1724 OF 2021 IN APPEAL NO. 441 OF 2021 Pradeep Babulal Sanghvi ..Applicant v/s.

The State of Maharashtra ..Respondent/s with INTERIM APPLICATION NO. 1725 OF 2021 IN APPEAL NO. 415 OF 2021 Kiran Narhari Cheulkar ..Applicant v/s.

The State of Maharashtra ..Respondent/s Mr. Ankit Rajputi/b. Rajesh Jain for the Applicant /s. Mr. S.V.Gavand, APP for the Respondent-State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : JULY 19, 2021.

P.C.

1.

The Applicants herein, who are accused nos. 6 (Kiran Cheulkar) and Accused No.7 (Pradeep Sanghvi) have been

convicted by the Special Judge, CBI, for offences under Section 420, 466, 467, 468 and 471 r/w. 120(b) of IPC to undergo rigorous imprisonment for two years and to pay fine of Rs.75,000/- for each offence .

2.

By order dated 21.06.2021, this Court (Coram Revati Mohite Dere, J.) had allowed the application filed by the aforesaid Applicants for suspension of substantive sentence on furnishing P.R.Bond of Rs.25,000/- with one or two sureties in the like amount. Liberty was granted to the Applicants to file separate application for suspension of payment of fine. In view of the liberty granted, the Applicants have filed this application for suspension of fine.

3.

Heard learned Counsel for the Applicants. I have perused the records.

4.

The learned Counsel for the Applicants state that out of the total amount of Rs, 4,50,000/- , the Applicant Kiran has deposited Rs.2,85,000/- , whereas the Applicant Pradeep has deposited Rs.2,75,000/-. He makes a statement that the Applicant Kiran will deposit an amount of Rs.65,000/-, whereas the Applicant Pradeep will deposit an amount of Rs.75,000/- within a period of

four weeks. Statement accepted.

5.

In the light of the above statement, the application is allowed. The sentence of payment of fine is suspended till disposal of the appeal. It is made clear that in the event the applicants fail to deposit the amount within the stipulated period, the order shall stand vacated without further reference to the court.

Digitally signed by PRASANNA P SALGAONKAR Date:

2021.07.20 15:10:46 +0530 (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR