Bombay High CourtWP/1148/2024allowed

Sikandar Govind Kale v. State Of Maharashtra And ANR.

2024-06-13Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande1 pages

1/1 16 WP 1148-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1148 OF 2024 Sikandar Govind Kale ..

Petitioner

Versus

The State of Maharashtra and anr ..

Respondents ...

Mr.Atharva Dandekar a/w Hitendra Parab for the Petitioner. Ms.A.A. Takalkar, APP for the State.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 13th JUNE, 2024 P.C:- The learned counsel for the petitioner has placed reliance upon the decision of the Division Bench of this Court in case of Aslam Salim Shaikh vs State of Maharashtra (Criminal Writ Petition No.3157 of 2022), to submit that it is permissible for this Court to exercise the power under Section 482 of Cr.P.C and in the peculiarity of this case, where he has already undergone the sentence imposed, but continue to be detained, on his failure to deposit the fine amount and therefore a request is made to exercise the power conferred under Article 226 r/w Section 482 of the Code of Criminal Procedure. Let the learned APP, Ms. Takalkar obtain necessary instructions in that regard. List on 19/06/2024. (MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Ashish