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Bombay High CourtWP/1045/2018dismissed

Jagdish S/O. Bhalchandra Dhamane v. The State Of Maharashtra

2023-06-30Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1045 OF 2018 Jagdish s/o Bhalchandra Dhamane Petitioner

Versus

The State of Maharashtra Respondent Mr. N. N. Desale, Advocate for the petitioner. Mr. S. N. Morampalle, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 30th JUNE, 2023.

PER COURT :

1.

This petition takes exception to the order dated 12th January, 2018 passed by Judicial Magistrate First Class, Dhule in Criminal M.A. No. 1283/2017 and order dated 17th February, 2018 passed by Additional Sessions Judge, Dhule in Criminal Revision Application No. 7/2018.

2.

It is the contention of petitioner that unreasonable condition of furnishing bank guarantee for handing over of currency notes of Rs. 1,56,000/- is imposed. It is submitted that no purpose of the petitioner would be served if the petitioner is to deposit this amount in the bank.

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As far as condition imposed by learned Judicial Magistrate First Class is concerned, having regard to the facts of the case, said condition appears to be reasonable. Consequently, no fault can be found even with the order passed by the Additional Sessions Judge in the revision preferred by the petitioner against the said order.

4.

Learned counsel for the petitioner states that since the proceedings before the Trial Court is more than fve years old, the Trial Court be directed to decide the same expeditiously. This Court fnds substance in said contention. Hence, writ petition is dismissed with direction to the Trial Court to decide RCC No. 546/2016 within a period of six months.

( R. M. JOSHI) Judge dyb