Bombay High Court
Subhash Bhikaji Kulkarni vs The Nashik Road Deolali Vyapari ... on 25 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:4441
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.354 OF 2016
IN
CRIMINAL REVISION APPLICATION NO.360 OF 2016
WITH
CRIMINAL APPLICATION NO.353 OF 2016
IN
CRIMINAL REVISION APPLICATION NO.360 OF 2016
WITH
INTERIM APPLICATION NO.2779 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.360 OF 2016
WITH
INTERIM APPLICATION NO.123 OF 2024
IN
CRIMINAL REVISION APPLICATION NO.360 OF 2016
Subhash Bhikaji Kulkarni .. Applicant
v/s.
The Nashik Road Deolali Vyapari
Sahakari Bank Ltd. And Anr. .. Respondents
....
Mr. Kayval P. Shah, for Applicant in Revision and all Applications.
Ms. Shraddha Sawant, for Respondent No.1 in all matters.
Mr. Arfan Sait, APP, for State/Respondent.
....
CORAM: PRAKASH D. NAIK, J.
DATE : 25th JANUARY, 2024.
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P.C:-
1. The applications were listed before this Court on 8 th
November, 2023. The order dated 8th November, 2023 indicates that
the Counsel for the Applicant sought time to take instructions as to
whether the Applicant would deposit the balance amount of 50% on or
before the next date. The interim relief was continued. However, it
was observed that if the balance amount is not deposited, the interim
relief shall stand vacated automatically without further reference to the
Court.
2. Learned Advocate for the Applicant submits that the
earlier order of depositing Rs.10,50,000/- has been complied by the
Applicant.
3. The order dated 8th November, 2023 indicates that the
time was granted to take instructions whether the further amount can
be deposited. However, clause (4) of the said order is conditional, as a
result of which, the interim order has been vacated.
4. Learned Advocate for the Respondent submitted that in
view of order dated 8th November, 2023, the Applicant was required to
deposit the balance amount.
5. It is pertinent to note that the Applicant has complied the
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earlier order. The Applicant was initially acquitted by the trial court.
The order of acquittal has been reversed by the appellate court. The
revision challenging the order of the appellate court is admitted.
6. Considering the circumstances, the following order is
passed:
ORDER
(i) Criminal Application Nos.353 and 354 of 2016 are
allowed.
(ii) During the pendency of Revision Application No.360 of
2016, the substantive sentence of imprisonment imposed
vide judgment and order dated 14th June, 2016, passed by
the Court of Sessions in Criminal Appeal No.73 of 2013 is
suspended and the Applicant is directed to be released on
bail on executing a P.R. Bond in the sum of Rs.20,000/-
(Rupees Twenty Thousand) with one or more sureties in
the like amount, till the final disposal of the revision
application.
(iii) The Applicant is permitted to furnish cash bail in the sum
of Rs.20,000/- for a period of six weeks in lieu of surety.
(iv) The Applicant shall attend the concerned Police Station
once in three months on first Saturday of the month
between 11.00 a.m. to 1.00 p.m.
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(v) All criminal applications and interim applications stand
disposed off.
(PRAKASH D. NAIK, J.)
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