Shri Bhavani Agri Agro And Milk Products ... vs Shatrughna Gabaji Kharpude
2024 Latest Caselaw 14567 Bom

Bombay High Court

Shri Bhavani Agri Agro And Milk Products ... vs Shatrughna Gabaji Kharpude on 7 May, 2024

2024:BHC-AUG:9926


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                                                   -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                            902 CRIMINAL APPLICATION NO. 1908 OF 2024
                                        IN REVN/124/2024

                      Shri Bhavani Agri Agro And Milk Products Pvt Ltd Through Its
                               Representative Sambhaji Rambhau Lagad
                                                VERSUS
                                     Shatrughna Gabaji Kharpude
                                                    ...
                     Advocate for Applicant : Ms. Vishakha Patil i/b M/s. Talekar And
                                               Associates
                                                   .....

                                              CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th MAY, 2024.

PER COURT :-

1. Heard.

2. This application is filed with a prayer that during pendency

of criminal revision application, the substantive part of sentence

awarded by the learned Judicial Magistrate, First Class, (Court No.3)

Ahmednagar in S.C.C. No.2933 of 2016 on 17.01.2023 and the same

is confirmed by the learned Additional Sessions Judge, Ahmednagar,

in Criminal appeal No.59 of 2023, vide judgment and order dated

22.04.2024, may be suspended/stayed and the applicant be released

on bail.

3. Learned advocate for the applicant submits that during

pendency of the trial as well as the appeal, the applicant was on bail

and he has not misused the liberty granted by the both the courts.

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The applicant has deposited 20% of the amount of cheque plus the

amount of compensation. Considering the peculiar set of facts it

would be proper to direct the applicant to pay 20% more amount out

of the entire amount of cheque.

4. In view of above, the criminal application is allowed.

5. During pendency of criminal revision application No. 124 of

2024, subject to deposit of 20% more amount out of entire amount of

cheque, the substantive part of sentence awarded by the learned

Judicial Magistrate, First Class, (Court No.3) Ahmednagar in S.C.C.

No.2933 of 2016 on 17.01.2023 and confirmed by the learned

Additional Sessions Judge, Ahmednagar, in Criminal appeal No.59 of

2023, vide judgment and order dated 22.04.2024, stands suspended.

6. The application is disposed of.

(SANJAY A. DESHMUKH, J.)

rlj/