Sameer Pandurang Phule. v. Yashoda @ Neeta @ Neha Sameer Phule.

crirev75.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 75 OF 2016 Sameer s/o Pandurang Phule, Age: 30 years, Occu: Nil, R/o :- "Spandan Niwas", Plot No. 3, P- Sector, Utkarsh H. Society, N-11, Cidco, Aurangabad ..APPLICANT

VERSUS

Yashoda @ Neeta @ Neha w/o Sameer Phule, Age: 24 years, Occu: Housewife & Student, R/o - Plot No. 20, Prasanna H. Society, Jatwada Road, Radhaswami Colony, Harsul, Aurangabad ..RESPONDENT Mr P. R. Katneshwarkar, Advocate for applicant; Mr N. P. Dube, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 26th July, 2016 ORAL ORDER :

Heard.

2.

The amount of Rs.1,00,000/- deposited before this Court by the applicant is permitted to be withdrawn by respondent - wife. 3.

Mr Katneshwarkar, learned Counsel appearing on behalf of the applicant, upon instructions, fairly submits that the applicant shall be

crirev75.16 (2) depositing an amount of Rs.1,00,000/- before the court of Additional Sessions Judge, Aurangabad, in Criminal Misc. Application No.195 of 2015, within a period of four weeks from today, to which the respondent - wife will be entitled to.

4.

In view of above bona fides of the applicant, the order dated 22nd January, 2016, passed by learned Additional Sessions Judge, Aurangabad, in Criminal Misc. Application No.195 of 2015, thereby refusing condonation of delay caused in preferring the appeal, is hereby quashed; delay stands condoned and learned Additional Sessions Judge shall proceed to hear the appeal on merits and shall decide the same expeditiously, preferably within a period of three months from today. 5.

Both parties agree that they shall appear before the learned Additional Sessions Judge, Aurangabad on 18th August, 2016. Criminal Revision Application stands disposed of in above terms. (N.W. SAMBRE, J.) amj