Ashish A Jhunjhunwala v. The State Of Maharashtra And ANR.

4_wp_4124 &4125_14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4124 OF 2014 Ashish A. Jhunjhunwala

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO.4125 OF 2014 Vikash Banwarilal Ladia

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

.....

Mr. Ashish S. Chavan for the Petitioners.

Mr. Surel S. Shah for Respondent No.2.

Ms R.V. Newton, APP for Respondent No.1-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 26th OCTOBER, 2015.

P. C. :

The Petitioners have challenged the order dated 9th October, 2014 whereby the learned Additional Sessions Judge has directed them to deposit 25% of fine amount of Rs.70 lakhs to be paid in five equal installments. The learned counsel for the Petitioners submits that the amount ordered to be deposited is unreasonable and Megha 1/2

4_wp_4124 &4125_14 that the learned Additional Sessions Judge has not conducted any enquiry as regards the paying capacity of the Petitioners. In course of the arguments, the learned counsel for the Petitioners as well as the learned counsel for the Respondent No.2 submitted that the amount of compensation can be reduced to Rs.20 lakhs in addition to Rs.7 lakhs, which is already deposited. The learned counsel for the Petitioners, under instructions, makes statement that the Petitioners shall deposit said amount of Rs.20,00,000/- jointly and severally in three equal installments and that the last installment would be paid within a period of three months.

2.

In the light of the statement made above, the impugned order dated 9th October, 2014 is modified to the extent that the Petitioners shall deposit amount of Rs.20,00,000/- jointly and severally in three equal installments before the Additional Sessions Judge, Pune, within a period of three months.

3.

Both the petitions stand disposed of accordingly. (ANUJA PRABHUDESSAI, J.) Megha 2/2