Ravi @ Pradeep Ramhari Gawali v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2141 OF 2024 IN CRIMINAL APPEAL NO.54 OF 2023 Ravi @Pradeep Ramhari Gawali .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Abhaykumar Apte, Advocate for the Applicant. Smt. Sangita D. Shinde, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 19th JULY, 2024 P.C. :

1.

This is an application for extension of period of sixteen weeks to deposit the fine amount. The subject matter of the present Application is the order dated 29.1.2024 passed by this Court (Coram: Kishore C. Sant,J.) in I.A. No.247/2023 in Criminal Appeal No.54/2023. The operative part of the order reads thus :

"i) The application stands allowed.

ii) The applicant No. 2 shall be released on bail on furnishing P.R. bond of Rs. 25,000/- and one or more solvent sureties in the like amount.

Deshmane(PS)

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iii) The applicant shall deposit fine amount within three months from his release on bail.

iv) If the fine amount is not paid this order shall be cancelled.

4.

The application is disposed off."

2.

The above order mentions that the fine amount was to be deposited within three months from his release on bail and if it was not paid the order was liable to be cancelled. Therefore, this application is filed for extension of period.

3.

Learned counsel for the Applicant submitted that after his release from custody he underwent knee-surgery which incurred expenses. The Applicant was in custody for a substantial period and, therefore, he found it difficult to arrange that money within the stipulated period. He is seeking extension of 16 more weeks.

4.

Though the learned APP opposed this extension, in the interest of justice and considering the submissions made by learned counsel for the Applicant I am inclined to extend that period.

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5.

Hence, the following order:

O R D E R

(i) The order dated 29.1.2024 passed in I.A. No.247/2023 in Criminal Appeal no.54/2023 is modified to the extent that the period of depositing the fine amount is extended by a period of sixteen weeks from today. (ii) Rest of the conditions in the said order including the observations that the order was liable to be cancelled if the fine amount was not paid; are maintained. (iii) With these observations, the Application is disposed off.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.07.22 15:43:18 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE