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Bombay High CourtIA/2935/2024transfer to other court

Dnyaneshwar Haridas Sathe v. Vijayalaxmi Dnyaneshwar Sathe

2024-07-31Hon'Ble Ms. Justice Gauri Godse3 pages

varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2935 OF 2024 IN CRIMINAL REVISION APPLICATION(ST) NO.15857 OF 2024 Dnyaneshwar Haridas Sathe ... Applicant vs.

Vijayalaxmi Dnyaneshwar Sathe and Ors ... Respondents Mr. Yuvraj A. Tajane i/b. Ashok B. Tajane, for Applicant. Ms. S.K. Gajare, APP for Respondent-State.

CORAM : GAURI GODSE, J.

DATED : 31st JULY 2024 ORDER :- 1.

Issue notice to respondent no.1, returnable after six weeks. In addition to Court notice, applicant to serve respondent, by private notice and file affidavit of service before the next date. 2.

Learned counsel for the appellant submits that since the petitioner is in custody, he is unable to make immediate payment towards arrears of maintenance. However, on instructions he submits that out of the total arrears, he shall pay 50% of the amount within six weeks from today. Statement made on behalf of the Page no. 1 of 3

applicant is accepted as an undertaking to this Court. 3.

Learned counsel for the applicant further submits that in view of the impugned order dated 8th July 2024, the applicant is in custody. He further submits that the applicant's parents are dependent on him, and, hence, during the pendency of the proceedings the applicant's sentence be suspended and he be released on bail.

4.

Considering the submissions made on behalf of the applicant, the applicant's sentence as per order dated 8th July 2024, is suspended, and the applicant be enlarged on bail on the following conditions:

I) Applicant be enlarged on bail on furnishing personal bond for an amount of Rs. 5,000/-.

II) The Applicant shall remain present on the next date before this Court.

III) The applicant shall file an undertaking in this Court within two weeks from today stating that he shall comply with the undertaking given to this Court as recorded above and also stating the timeline within which he shall make payment towards the entire arrears of maintenance and shall state his Page no. 2 of 3

address and telephone number.

5.

Parties to act upon the authenticated copy of this order. (GAURI GODSE, J.) VARSHA VIJAY RAJGURU Date: 2024.07.31 20:13:15 +0530 VARSHA VIJAY RAJGURU Page no. 3 of 3