Akshay Tapeshwar Tyagi v. Balraj Agru Singh

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4879 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 225 OF 2024 Akshay Tapeshwar Tyagi .. Applicant

Versus

Balraj Agru Singh and Anr.

.. Respondents ....................

 Mr. Sangharsh V. Waghmare, Advocate for Applicant.  Ms. Manisha R. Tidke, APP for Respondent No.2 - State. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 03, 2024.

P.C.:

1.

Heard Mr. Waghmare, learned Advocate for Applicant and Ms. Tidke, learned APP for Respondent No.2 - State. 2.

Present Interim Application is filed for seeking extension of time to comply with the order dated 21.06.2024. The order is appended at page No.12 of the Interim Application. By virtue of the said order, the substantive sentence of imprisonment of Revision Applicant was suspended with a direction to him to furnish personal bond and surety bond of Rs.15,000/- within a period of two weeks from the date of the said order. The period of two weeks expired on 04.07.2024. There was an additional direction to deposit Rs.20,000/- before the Judicial Magistrate First Class (JMFC) Court within a period of two weeks.

3.

Mr. Waghmare, learned Advocate for the Applicant would submit that there was a reason due to preoccupation of the Revision Applicant for not complying with the order. He would draw my attention to Exhibit "B" - page No.14 of the Interim Application, inter alia, which is a complaint filed by Applicant's father about his kidnapping in the State of Manipur and ransom amount paid by his family for his release. Revision Applicant had deposited amount of Rs. 2 lakhs before the Trial Court during the pendency of the trial and the private Respondent - Complainant was permitted to withdraw with the entire amount. The conviction of the Applicant is for 6 months and payment of Rs.1 lakh towards compensation. Despite there being concurrent finding, in view of the above facts, this Court by order dated 21.06.2024 suspended the sentence of imprisonment during the pendency of trial.

4.

Looking into the difficulty faced by Applicant and the grounds stated in the Interim Application, I am inclined to agree with the submissions made by the learned Advocate for grant extension of time as prayed for.

5.

However, it is clarified that there shall be no further extension of time granted to Applicant and Applicant will have to comply with the directions contained in the order dated 21.06.2024 within a period of four weeks from today.

6.

In view of my above observations, time for complying with the directions contained in paragraph No.5 of the order dated 21.06.2024 shall stand extended by a further period of four weeks from today.

7.

With the above directions, Interim Application is allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.12.03 14:42:20 +0530 AJAY TRAMBAK UGALMUGALE