Jagan Motiram Barde vs 1 Shri Ambika Gramin Bigarsheti Co ...
2023 Latest Caselaw 3972 Bom

                                                           5-ia-1389-2023-b-.doc


 Ghuge
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

          INTERIM APPLICATION NO.1389 OF 2023
                          IN
      CRIMINAL REVISION APPLICATION NO.97 OF 2023

 Jagan Motiram Barde                            ... Applicant
            V/s.
 Ambika      Gramin     Bigarsheti        Co
 Patsanstha Ltd and Anr                         ... Respondent

 Mr. Jayendra D. Khairnar for the applicant.
 Mr. Arfan Sait, APP for the State.

                               CORAM : AMIT BORKAR, J.

                               DATED      : APRIL 20, 2023
 P.C.:

1. On perusal of the impugned order it appears that the appellate Court has dismissed the appeal for non compliance of condition imposed while suspending the sentence. It is well settled that non fulfillment of suspension condition would result in vacation of interim order. However, the substantive appeals needs to be decided on merits

2. Hence, applicant has made out a case for grant of interim relief subject to the condition stated as earlier.

3. The sentence imposed by the Judicial Magistrate First Class, Kalwan in Summary Criminal Case No.82 of 2016, confirmed by Additional Sessions Judge, Nashik by the judgment and order dated 8th November, 2022 in Criminal Appeal No.144 of 2017 is

5-ia-1389-2023-b-.doc

suspended, subject to condition that the applicant shall be deposit an amount of rupees five lakhs within a period of four weeks from today. It is made clear that if the applicant fails to deposit amount of rupees five lakhs within a period of four weeks from today, the order of suspension shall stand vacated without further reference to the Court.

4. The amount shall be deposited before the Judicial Magistrate First Class, Kalwan.

(AMIT BORKAR, J.)