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Bombay High CourtWP/1548/2016rule absolute

Ashok Kondaji Rokade v. The State Of Maharashtra And Others

2020-11-26Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 18-CRWP-1548-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1548 OF 2016 Ashok Kondaji Rokade

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr S.S. Chapalgaonkar, Advocate for Petitioner Mr G.O. Wattamwar, A.P.P. for Respondents-State Mr N.B. Narwade, Advocate for Respondent No. 11 CORAM : T.V. NALAWADE AND SHRIKANT D. KULKARNI, JJ.

DATE : 26th NOVEMBER, 2020 OPERATIVE ORDER :

(i) The Criminal Writ Petition is allowed to the extent of prayer clause in which compensation is claimed. The total compensation of Rs. 5,00,000/- is awarded. The amount is to be deposited initially by the State Government and it is to be deposited within a period of 45 days from the date of this order in the Court. If the amount is not deposited within a period of 45 days, it will carry interest @ 8% per annum. (ii) After depositing amount in the Court, the amount is to be handed over equally to the parent of the deceased.

2 18-CRWP-1548-2016 (iii) It will be open to the State Government to fasten the liability on the respondents mentioning the decision and recover that amount from them.

(iv) Rule is made absolute in those terms.

(v) Other prayers can be considered by the trial court. (vi) Reasons to follow.

[ SHRIKANT D. KULKARNI, J. ] [ T.V. NALAWADE, J. ] mta