Suresh Prasad v. The State Of Maharashtra And Another

2024:BHC-AUG:18385 1006-CrAn-2445-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2445 OF 2024 WITH CRIMINAL APPLICATION NO. 2454 OF 2024 SURESH PRASAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Nikhil S. Jaju APP for Respondent No.1 : Ms. M. N. Ghanekar Advocate for Respondent No.2 : Mr. V. B. Jogdand ...

CORAM : S. G. MEHARE, J.

DATE : 14-08-2024 PER COURT :- 1.

The applicant has impugned the order of the learned Sessions Judge, Aurangabad passed below Exhibit-4 in Criminal Miscellaneous Application No.392 and 393 of 2023 dated 02.11.2023, imposing the condition to deposit 20% of compensation amount to be deposited with the Court. 2.

After hearing at length the learned counsel for the applicant, the Court expressed that there is no merit in the petition. Thereon, the learned counsel for the applicant submits that the time to comply with the order depositing 20% of cheque amount may be extended.

3.

The learned counsel for respondent No.2 strongly opposed

1006-CrAn-2445-24.odt the applications. He submits that the complainant is running after the applicant/accused since 2020. He did not leave a single stone unturned to protract the trial. The financial condition of the applicant is not bad. He should deposit 20% of the amount. He submits that revision may take its time to decide. Therefore, no time may be extended.

4.

Considering the submission of the learned counsel for the applicant, condition to deposit 20% amount within three months, that condition is modified and three months extended from today to deposit 20% amount as per the impugned orders in three equal installments.

6.

With these modifications, the criminal applications stand disposed of.

7.

The order issuing non-bailable warrant in both cases is called back.

8.

It is clarified that if the applicant would fail to comply with this order, the learned Sessions Court will be at liberty to pass appropriate orders.

( S. G. MEHARE ) JUDGE rrd