Yusuf M. Talwala vs The State Of Maharashtra And Anr
2017 Latest Caselaw 6250 Bom

  This Order is modified/corrected by Speaking to Minutes Order dated 01/09/2017
Aarti Palkar                              1                                             4.CA8


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPLICATION NO.09 OF 2017
                                 IN
               REVISION APPLICATION (ST) NO.08 OF 2017

Yusuf M. Talwala                                                  ....Applicant
     V/s.
The State of Maharashtra & Anr.                                  ...Respondents


Mr. Aniket Nikam i/b. Mr.C.S. Damre for the Applicant.
Mr. P.H. Gaikwad, APP for the State.
Mr. M.S. Kadu for respondent No.2.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.
                         DATED: 16th AUGUST, 2017

P.C. :

1.             Rule.   The respondents waive service, by consent rule is

made returnable forthwith and the revision is taken up for final

disposal.



2.             The   applicant   herein   has   challenged   the   order   dated

02.02.2015 whereby the application for condonation of delay in

filing the appeal, challenging the Judgment dated 03.09.2013 in

Criminal   Case   No.7118005/SS/2012,   was   dismissed   for   default.

The  respondents have  consented for setting aside  the impugned

order subject to the applicant depositing an amount of Rs.50,000/-

within a period of one week from the date of this order and an



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   This Order is modified/corrected by Speaking to Minutes Order dated 01/09/2017
Aarti Palkar                              2                                             4.CA8


amount  of Rs.   2 Lakhs within  four weeks from the date  of this

order.     The   applicant   has   agreed   to   deposit   the   amount   of

Rs.50,000/- within one week and Rs.2,00,000/- within four weeks.

Statement accepted.


3.             Hence,   in   the   light   of   above   statements,   the   following

order is passed.

                                        ORDER

1. The revision application is allowed with cost of Rs.10,000/-.

2. The impugned order dated 02.02.2015 in Misc. Application

No.2776 of 2013 is set aside and the Miscellaneous application is

restored to file.

3. The applicant is directed to deposit Rs.50,000/- before the

Additional Sessions Court within one week and Rs.2,00,000/-

within four weeks from the date of this order.

4. The parties to appear before the Additional Sessions Judge

on 28.08.2017, at 11.00 a.m.

5. In view of disposing of the revision application, Criminal

Application No.09 of 2017 does not survive and accordingly stands

disposed of.

(ANUJA PRABHUDESSAI, J.)