Bombay High CourtAPPW/233/2018dismissed

Suresh Bhavarlal Shaha v. State Of Maharashtra Thr. P.S.O. Khamgaon City, P.S. Khamgaon

2018-10-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 appw233.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPW) NO.233 OF 2018 IN CRIMINAL WRIT PETITION NO. 846 OF 2018 (D) (SURESH BHAVARLAL SHAHA...VS.. STATE OF MAH. THR. PSO PS KHAMGAON CITY, DIST. BULDANA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.L.Pande, Adv.h/f. Shri A.D.Bhate, Adv. for Applicant/Petitioner. Shri T.A.Mirza, A.P.P. for Respondent/ State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 19, 2018.

By order dated 18th September 2018, Criminal Writ Petition No.846 of 2018 filed by the applicant/ petitioner to challenge the order passed by the Sessions Court on 16th August 2018 was dismissed. This Court maintained the order passed by the Sessions Court directing that the substantive sentence of imprisonment shall stand suspended till disposal of the appeal filed by the applicant/petitioner on his depositing 50% of the amount of compensation (i.e. Rs.2,50,000/-) within 15 days and executing P.R. Bond for Rs.Twenty Five Thousand with one solvent surety in the like amount.

Now this application is moved praying that time to deposit the amount be extended, the reason being that the applicant/petitioner has not been able to arrange for the amount.

There is nothing in the application to show that the other part of the order passed by the Sessions Court is complied with and the applicant/ petitioner has executed P.R.

2 appw233.18 Bond for Rs.Twenty Five Thousand and has furnished one solvent surety in the like amount.

I am not satisfied that there are any bonafides on the part of the applicant in prosecuting the matter. The Criminal Application is dismissed.

However, the applicant is granted time till 31st October 2018, to comply with the order passed by the learned Additional Sessions Judge on 16th August 2018. If the order passed by the learned Sessions Judge on 16th August 2018 is not complied till 31st October 2018, the order passed by the learned Sessions Judge be executed / enforced.

JUDGE RRaut..