Karan @ Vishnu Rajaram Nishad v. The State Of Maharashtra
22 IA-2306-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 2306 OF 2025 IN CRIMINAL INTERIM APPLICATION NO. 4985 OF 2024 IN CRIMINAL APPEAL NO.899 OF 2022 Digitally signed by HUSENBASHA RAHAMAN NADAF Date:
2025.10.17 10:47:08 +0530 HUSENBASHA RAHAMAN NADAF Karan @ Vishnu Rajaram Nishad ....Applicant V/s The State Of Maharashtra & Anr.
....Respondents **** Ms. Sartaj Shaikh for the Applicant.
Mr. Vinit A. Kulkarni, APP for Respondent/State. PSI-Dipak Thorat, Oshiwara Police Station, Mumbai, present. **** CORAM : M.M. SATHAYE, J.
DATE : 16th OCTOBER, 2025 P.C. :
1.
Heard learned counsel for the Applicant and learned APP for State. This application is taken out for modification and clarification of the order dated 14.12.2024 passed in Cr. IA/4985/2024, to the extent of requirement of pre-deposit, before release of the Applicant on bail.
2.
Today learned counsel for the Applicant submits that after the said order dated 14.12.2024, almost a year has passed and by now, the Applicant has, in fact undergone full sentence for which he was convicted and he is currently undergoing 'in default imprisonment' for non-payment of fine amount. She presses for relaxation of the condition on this ground, contending that for non-payment of the money, he will be required to undergo remaining 7 years of sentence. Husen
22 IA-2306-2025.doc 3.
Though these are the submissions today, the Application is filed on the contention, as can be seen from paragraph No.8, that the intent of the Court is not specifically reflected in the order. The basis of the argument advanced today is not found in the interim application.
4.
Considering that the said order was passed on application through jail and was passed when nobody represented the Applicant, the present application is disposed of with liberty to the Applicant to file application on the ground that the main sentence is fully undergone. It is clarified that such fresh application shall be decided without being influenced by order dated 14.12.2024. (M.M. SATHAYE, J.) Husen