Bombay High Court
Bharatkumar Dayalal Malde vs The State Of Maharashtra on 31 January, 2022
Bench: Prakash Deu Naik
12. Ia-339-2022-in- Apeal-91-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 339 OF 2022
IN
INTERIM APPLICATION NO.307 OF 2021
WITH
CRIMINAL APPEAL NO.91 OF 2021
Bharatkumar Dayalal Malde ...Applicant/
Appellant
Versus
State of Maharashtra ...Respondent
....
Mr. Abdul R. Shaikh, Advocate for the Applicant/Appellant.
Mr. S. H. Yadav, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st JANUARY, 2022.
PER COURT:
1. This is an application for modification of condition
No.(iii) in operative part of order dated 2nd February, 2021.
2. The applicant had preferred Interim Application
No.307 of 2021 for suspension of sentence of imprisonment
imposed by the trial Court vide judgment and order dated 12 th
January, 2021.
3. Vide order dated 2nd February, 2021, the sentence
of imprisonment was suspended and the applicant was
directed to be enlarged on bail on condition that the applicant
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date: Sajakali Jamadar 1 of 4
2022.02.02
10:56:14
+0530
12. Ia-339-2022-in- Apeal-91-2021.doc
shall deposit 50% of the fine amount in the trial Court within
eight weeks.
4. The applicant then urged for extension of time to
deposit the amount. By order dated 30 th November, 2021,
time to deposit the fine amount was extended by six weeks.
5. Learned counsel for the applicant submitted that
the applicant had initially deposited the amount of
Rs.2,46,000/- before the trial Court. The Demand Draft for
amount of Rs.2,54,000/- is ready. The photo copy of the said
Demand Draft has been annexed to this application. It is
submitted that, since time to deposit the amount has lapsed,
the applicant could not deposit the Demand Draft. The
applicant would deposit the Demand Draft within three days
from today. It is submitted that the amount stipulated in the
order dated 2nd February, 2021 may be reduced to 33% from
50% and further extension may be granted to deposit the
balance amount.
6. Learned APP opposed the prayer sought by the
applicant in this application. It is submitted that the default
was committed in the year 2009. This Court has already
considered the application of the applicant sympathetically
and 50% of the fine amount was directed to be deposited.
Sajakali Jamadar 2 of 4
12. Ia-339-2022-in- Apeal-91-2021.doc
Thereafter, time to deposit was extended by this Court.
7. It is pertinent to note that by order dated 2 nd
February, 2021, the applicant was directed to deposit 50% of
the fine amount within eight weeks. Thereafter, the time was
extended by six weeks. The applicant has so far deposited
amount of Rs.2,46,000/-. The 50% of the fine amount is
Rs.11,50,000/-. The trial Court while imposing the fine
amount has observed that the default was of 2009.
Considering these circumstances further reduction of deposit
cannot be granted. However, further extension of time to
deposit the amount is granted for reasonable period.
Learned counsel for the applicant on instructions submit that
the balance amount would be deposited in the trial Court
within a period of ten weeks. Hence, I pass the following
order :
ORDER
i. The applicant is permitted to deposit the Demand
Draft in the sum of Rs.2,54,000/- within one week from
today.
ii. The balance amount in consonance with order
dated 2nd February, 2021 shall be deposited within a
period of 10 weeks from today.
Sajakali Jamadar 3 of 4
12. Ia-339-2022-in- Apeal-91-2021.doc
iii. It is made clear that no further extension to
deposit the fine amount would be granted.
iv. Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
