Akhalakh Kajid Shaikh v. The State Of Maharashtra And ORS.

WP 5194-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5194 OF 2018 Akhalakh Majid Shaikh .Petitioner Vs.

The State of Maharashtra & ors.

.Respondents Mrs. V. R. Raje, Advocate, for the Petitioner Mrs. A. S. Pai, APP, for the Respondent Nos. 1 to 4 - State

CORAM

:

B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE :

22.02.2019 P.C.

.

After hearing matter for some time in first half, at the request of learned counsel for Petitioner, the matter was adjourned to second half to enable her to obtain instructions. Upon instructions, learned counsel states that if reasonable time is given, without prejudice to the rights & contentions, Petitioner shall deposit the amount.

2.

Learned APP appearing for Respondents - State is seeking time to obtain instructions. She points out that this Court has already observed that Petitioner is not owner of the vehicle.

WP 5194-18.doc 3.

Matter is placed today before us in furtherance of Order dated 30.01.2019.

4.

As Petitioner has shown his bonafides, we grant time of six weeks to deposit the amount of Rs. 5,00,000/- with office of Respondent No. 3 - Tahsildar.

5.

If such amount is deposited, Respondent No. 2 shall consider the representations made by Petitioner and attempt to find out whether the vehicle in dispute was transferred by Petitioner to some third person before the date of incident. 6.

With these directions and keeping all contentions of Petitioner open, we dispose of Petition.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J. )