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Bombay High CourtIA/3397/2022disposed off

Prashant Prakashrao Mane v. Parth Srikrishna Gore And ANR.

2022-11-11Hon'Ble Shri Justice Amit Borkar2 pages

36-ia3397-2022 in revn390-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3397 OF 2022 IN CRIMINAL REVISION APPLICATION NO.390 OF 2022 Prashant Prakashrao Mane ... Applicant V/s.

Parth Srikrishna Gore & Anr.

... Respondents Mr. Mandar Limaye for the applicant.

Mr. R.M. Pethe, APP for the respondent no.2/State. CORAM : AMIT BORKAR, J.

DATED : NOVEMBER 11, 2022 P.C.:

Digitally signed by ATUL GANESH KULKARNI Date:

2022.11.14 14:54:08 +0530 ATUL GANESH KULKARNI 1.

Mr. Limaye, learned advocate for the applicant makes a statement that the applicant has deposited entire amount of fine as imposed by the learned Magistrate. On perusal of the judgment and order passed by the learned Additional Chief Judicial Magistrate (Court No. 4) Sangli, it appears that the accused was directed to pay compensation of Rs.4,50,000/-. It is also stated that the learned Magistrate has imposed sentence of simple imprisonment till rising of the Court which the applicant has undergone.

2.

In that view of the matter, and in view of the fact that the amount of compensation as directed by the learned Magistrate has

36-ia3397-2022 in revn390-2022.doc been deposited, the applicant has made out a case for grant of interim relief.

3.

There shall be interim relief in terms of prayer clause 12(a) of the interim application.

4.

It is submitted that the complainant is withdrawing the amount of compensation. The complainant shall be entitled to withdraw the amount of compensation along with accrued interest, subject to filing an undertaking without four weeks from today to the effect that in case the applicant succeeds in the revision application, the complainant will reimburse the applicant entire amount along with interest at the prevalent bank rate. 5.

The interim application is disposed of in above terms. No costs.

(AMIT BORKAR, J.)