Bombay High Court
Rangnath Rajaram Kadam vs State Of Maharashtra Environment ... on 25 September, 2023
Bench: S. V. Kotwal
1 of 4 14-WPST-17459-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.17459 OF 2023
Rangnath Rajaram Kadam ...Petitioner
Versus
The State of Maharashtra & Anr ...Respondents
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Mr. Dilip Shinde a/w Mohan C. Kumbhar, Advocate for Petitioner.
Mr. S.H. Yadav, APP for State/Respondent.
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CORAM : SARANG V. KOTWAL, J.
DATE : 25th SEPTEMBER 2023
PC :
1. The Petitioner has challenged the order dated 2nd August
2023 passed by the Additional Sessions Judge, Nashik in Criminal
Appeal No.46/2023 below Exhibits 14, 15, 16 and 17.
2. Heard Mr. Dilip Shinde, learned Counsel for the
Petitioner and Mr. S.H. Yadav, learned APP for the State.
3. The Petitioner was the original Accused in S.C.C.
No.5273/2017 before the Additional Chief Judicial Magistrate,
Nashik. The learned trial Judge vide his judgment and order dated
Digitally
ASHWINI
signed by
ASHWINI
JANARDAN
19th January 2023 convicted the Petitioner for commission of
JANARDAN VALLAKATI
VALLAKATI Date:
2023.09.26
15:01:27
+0530
Ashwini V
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offence punishable under Section 138 of the Negotiable
Instruments Act, 1881. He was sentenced to suffer simple
imprisonment for one month and to pay fine of Rs.10 lakhs. The
Petitioner challenged the said order before the Additional Sessions
Judge-9, Nashik vide Criminal Appeal No.46/2023.
4. The Petitioner preferred an Application below Exhibit 4
for his release on bail during pendency of the Appeal. The learned
Additional Sessions Judge-9, Nashik vide his order dated 22nd
February 2023, allowed that Application. The substantive sentence
was suspended till the decision of the Appeal. The Petitioner was
directed to be released on interim bail till the decision of the
Appeal. Importantly, the Petitioner was directed to deposit 20% of
the fine amount within a period of one month i.e., from 22 nd
February 2023.
5. Thus, the Petitioner was directed to pay Rs.2 lakhs
within a period of one month from 22 nd February 2023. From the
record it appears that, he has deposited Rs.65,000/- and did not
deposit the balance amount. The original Complainant-Respondent
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No.2 herein preferred an Application vide Exhibit 14 in that
Appeal for vacating the interim relief granted to the Petitioner.
The Petitioner preferred Applications below Exhibits 14, 15, 16
and 17 for depositing the amount after the lapse of the period
specified by the earlier order. All these Applications at Exhibits 14,
15, 16 and 17 were decided by the common impugned order.
6. Learned Counsel for the Petitioner states that he is a
poor farmer and it was difficult for him to arrange the amount of
Rs.2 lakhs. But even then, he has already deposited Rs.65,000/-
and, as of now, he has arranged the balance amount of
Rs.1,35,000/- which he is in a position to deposit immediately. He
submits that permission be granted to deposit the balance amount
in the Appellate Court and on showing his bona fides, the order
below Exhibit 4 be revived.
7. Considering these submissions and the bona fide
intentions shown by the Petitioner, some leniency can be shown to
him by way of ad-interim order, till the Respondent No.2 is heard.
8. Hence, the following order:
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ORDER
i) Issue notice to the Respondent No.2, returnable
on 31st October 2023.
ii) The Petitioner is permitted to deposit the amount
of Rs.1,35,000/- before the Court of Additional
Sessions Judge-9, Nashik within a period of two
weeks from today. Based on this deposit, the
substantive sentence imposed on the Petitioner is
suspended till the 31st October 2023.
iii) It is clarified that, if the said amount is not
deposited within two weeks from today, then ad-
interim protection shall stand vacated without
further reference to this Court.
iv) Stand over to 31st October 2023.
(SARANG V. KOTWAL, J.)
