Sham Madhukar Kedare v. Aakash Sarjerao Munfan And Another

2025:BHC-AUG:28419 907.APPLN.3851.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3851 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 268 OF 2025 Sham Madhukar Kedare ...Applicant

Versus

Aakash Sarjerao Munfan & Anr.

...Respondents

WITH CRIMINAL REVISION APPLICATION NO. 268 OF 2025 *** Mr. Kasar Rajendra Sudam, Advocate for the Applicant. Mr. R. K. Ingole, APP for Respondent/State.

*** CORAM : ABHAY J. MANTRI, J.

DATE : OCTOBER 09, 2025 PER COURT :

1.

The applicant has moved this application to reconsider the order dated 15th September 2025 regarding the direction given by this Court to deposit the entire amount of compensation in the Court. 2.

The learned advocate for the applicant vehemently submitted that the judgments in R. Kalai Selvi Vs. Bheemappa (paragraph Nos. 4 and 8) and in the judgment of Jamboo Bhandari vs. Madhya Pradesh State Industrial Development Corporation Limited and others (paragraph Nos. 7 to 12), were not brought to the notice of this court at the time of the passing of the order dated 15th September 2025. As such, it is submitted that in view of the law laid down by the Hon'ble Apex Court in the above judgments, it would not be appropriate to impose a condition precedent to deposit the entire Shrikant Malani

907.APPLN.3851.2025.odt amount. I have gone through the said judgments and found substance in his contentions.

3.

The learned advocate for the applicant further submits that the applicant is ready to deposit 30% of the compensation amount in this Court within one week from today. Having considered his submissions and the law laid down in the above-referred judgments, in my view, it would be appropriate to reconsider paragraph No.3 of the order dated 15th September 2025.

4.

In view of the above, the applicant is being directed to deposit the 50% amount of the compensation, i.e.

2,75,000/- (including the ₹ amount deposited before the Sessions Court), as per this afresh order, in this Court by 16th October 2025. Accordingly, the order dated 15th September 2025 is modified to that extent.

5.

The application is disposed of in the above terms. (ABHAY J. MANTRI, J.) Shrikant Malani