Sharda Yadav Patil v. Dagdu S/O Shankar Gunjal

G.A.Ghule [P.A.] 1/2 cri.appln. 5464.14 in cra 176.14 (Sr.No.31).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

Criminal Application No.5464 Of 2014.

In Criminal Revision Application No.176/2014.

SHARDA YADAV PATIL

VERSUS

DAGDU S/O SHANKAR GUNJAL Appearance => Mr. Avinash Patil, Advocate h/for Mr. Shailesh Chapalgaonkar, Advocate for the Applicant.

Mr. Jaybhaye, Advocate h/for Mr. N.B. Suryawanshi, Advocate for the Respondent.

CORAM

:

V.M. DESHPANDE, J.

DATE :

19th JANUARY, 2015.

Per Court :- Heard the learned counsel for the applicant in the present Criminal Application. Criminal Revision Application No.176 Of 2014 in which the present Application is filed, is already admitted by this court on 11th August, 2014, since arguable point was made out by the Revision - Petitioner.

[2] The learned trial court while convicting the accused, directed to pay compensation of Rs. 10 Lakhs. Order of conviction was questioned by preferring Criminal Appeal No.17/2003. The learned Appellate Court on 21st July, 2014 dismissed the said Criminal Appeal.

2/2 cri.appln. 5464.14 in cra 176.14 (Sr.No.31).sxw [3] While considering the application for suspension of the jail sentence, this court directed that, in addition to Rs.1 Lakh which the Respondent - Accused has already deposited, shall further deposit Rs.2 Lakhs. There is no dispute that the Respondent - accused has deposited Rs. 2 Lakhs.

[4] By the present Criminal Application, original Complainant wants that the remaining amount of compensation shall be deposited. Prayer cannot be accepted for the simple reason that the Judgment of conviction passed by the Court below is to be tested by this court in the present Criminal Revision Application. In that view of the matter, Civil Application No.5464 Of 2014 is rejected.

(V.M. DESHPANDE, J.)