Sankalp Enterprises v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.460 OF 2016 IN CRIMINAL REVISION APPLICATION NO.435 OF 2015 Sankalp Enterprises )...Applicant V/s.
State Of Maharashtra and Anr.
)...Respondents Mr. Mithun Mahajan for Mr. A.K.Patil, Advocates for the Applicant. Mr. S.V.Gavand, APP for the Respondent - State. Mr. N. Jafari i/by MIR Associates, Advocate for R.No.2.
CORAM
:
A. M. BADAR, J.
DATE :
30th MARCH, 2017.
P.C. :
This is an application for extention of time for complying with the order dated 21.3.2016 passed by this Court whereby the applicant-original accused was directed to deposit an amount of Rs.5 Lakhs in the registry of the appellate Court within a period of 4 weeks from that date, i.e., 21.3.2016. Heard learned the advocate appearing for the applicant-original accused as well as the learned advocate for the Shivgan 1/3
respondent no.2-original complainant. The learned advocate appearing for the respondent no.2-original complainant objected the application by contending that amount was not deposited within prescribed time.
As the applicant-original accused has shown readiness to deposit the amount as directed by the order dated 21.3.2016 within one week and as during the intervening period, the respondent-original complainant had not moved this Court for cancellation of the order dated 21.3.2016 or for issuing conviction warrant against the applicant-original accused, the application deserves to be allowed and, therefore, the order: (1) The application is allowed.
(2) The applicant-original accused is permitted to deposit the amount of Rs.5 Lakhs as per order dated 21.3.2016 within a period of one week from today.
(3) It is made clear that if the amount as directed by the order dated 21.3.2016 is not deposited within one week, the order Shivgan 2/3
suspending the sentence imposed on the applicant-original accused shall stand vacated without reference to the Court.
(A. M. BADAR, J.) Shivgan 3/3