Bombay High Court
Kishor Anant Vichare vs Mitali Milind Mayekar And Anr on 22 July, 2021
Bench: R.P. Mohite-Dere
39-ia.1483.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1483 OF 2021
IN
CRIMINAL APPLICATION NO. 17 OF 2018
WITH
CRIMINAL REVISION APPLICATION NO. 33 OF 2018
Kishor Anant Vichare ...Applicant
Versus
Mitali Milind Mayekar and Anr. ...Respondents
Mr. Mahesh N. Devlekar, for the Applicant.
Mr. Amogh Karandikar i/b Khandeparkar and Associates, for the
Respondent No.1.
Mr. S. S. Hulke, A.P.P for the Respondent No.2- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 22nd JULY, 2021
(THROUGH VIDEO CONFERENCING)
P.C. :
1. By this interim application, the applicant seeks extension of
time to deposit the balance compensation amount of Rs.1,00,000/-, as
directed by this Court vide order dated 17 th January 2018, passed in
Criminal Application No.17 of 2018. The applicant has also prayed that a
direction be given to the learned Judicial Magistrate First Class, Ratnagiri,
to accept the balance amount of compensation of Rs.1,00,000/-.
N. S. Chitnis 1/4
::: Uploaded on - 23/07/2021 ::: Downloaded on - 24/07/2021 01:16:26 :::
39-ia.1483.2021.doc
2. Learned Counsel for the applicant states that the applicant's
family will deposit the said amount of Rs.1,00,000/- in the Court of the
learned Judicial Magistrate First Class, Ratnagiri, on or before 26 th July
2021. The applicant's sentence was suspended and he was enlarged on bail
vide the aforesaid order dated 17th January 2018 passed in Criminal
Application No.17 of 2018. The operative order of the said order reads
thus:-
ORDER
(i) The sentence of imprisonment passed by learned Judicial Magistrate,
First Class, Court No.3, Ratnagiri, in Summary Criminal Case No.445 of
2015, which has been confirmed by the Sessions Court, Ratnagiri vide
judgment and order dated 3rd January 2018 passed in Criminal Appeal
No.17 of 2018, is suspended and the applicant is directed to be enlarged
on bail on furnishing PR bond in the sum of Rs.15,000/ with one or more
sureties in the like amount;
(ii) The applicant is directed to deposit Rs.1,00,000/ within two weeks
from the date of release of the applicant on bail, in Trial Court and
balance amount of compensation within six weeks from the date of
release;
(iii) It is made clear that in case there is breach of the conditions imposed
in this order, the order granting bail shall stand vacated forthwith;
(iv) Criminal Application No.17 of 2018 is disposed of;
(v) List on 28th February 2018 for reporting compliance.
N. S. Chitnis 2/4
39-ia.1483.2021.doc
3. As the applicant failed to comply with the said order of
deposit of Rs.1,00,000/- , the applicant was arrested and taken into
custody in November 2020. The applicant is in custody since then.
4. Learned Counsel for the applicant states that the applicant's
family will deposit the said amount of Rs.1,00,000/- in the trial Court i.e.
in the Court of the learned Judicial Magistrate First Class, Ratnagiri on or
before 26th July 2021 and that the Registry of the trial Court be directed to
accept the same.
5. Accordingly, the Interim Application is allowed. The
Applicant's family is permitted to deposit the said amount of Rs.1,00,000/-,
as directed by this Court vide order dated 17 th January 2018 in the trial
Court i.e. in the Court of the learned Judicial Magistrate First Class,
Ratnagiri on or before 26th July 2021. The Registry of the trial Court to
accept the said deposit of Rs.1,00,000/-.
6. The Interim Application is allowed in the aforesaid terms and
is accordingly disposed of.
N. S. Chitnis 3/4
39-ia.1483.2021.doc
7. Stand over to 27th July, 2021 under the caption 'for
compliance'.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
