Disposed

Rajani Vinod Makwana v. the State of Maharashtra and Anr.

Bombay HC10 Apr 2013REVN/15/2013

Case brief

AI extract

What is this about?

In two criminal revision applications, the High Court ordered withdrawal of deposited sums with accrued interest without requiring surrender, allowing the offences to be compounded and sentences set aside in the Sessions Court.

What did the court decide?

Withdrawal of deposited amounts with accrued interest; compounding of offences; set aside of sentences; no surrender required.

Rajani Vinod Makwana Vs the State of Maharashtra and Anr. — Narcotics (NDPS) | Bombay HC (2013)

¶1

1.revn.15.19.13.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

CRIMINAL REVISION APPLICATION NO. 15 OF 2013

¶4

Rajani Vinod Makwana ....Applicant. Versus The State of Maharashtra and another ....Respondents.

¶5

WITH

¶6

CRIMINAL REVISION APPLICATION NO. 19 OF 2013

¶7

Vinod Hirji Makwana ....Applicant. Versus The State of Maharashtra and another ....Respondents. ____________

¶8

Mr. Sandeep Velkar i/b Mr. R. M. Sangani for the Applicant in both Revision Applications.

¶9

Mr. A. S. Shitole, APP for the Respondent-State in both Revision Applications.

¶10

Mr. Ram Upadhyay for the Respondent No. 2 in both Revision Applications.

¶11

CORAM: S. C. DHARMADHIKARI, J. DATED : APRIL 10, 2013.

¶12

P.C.:

¶13

On 19^th March, 2013 I had passed an order recording the statement of the Applicant’s Advocate in both these applications that the Applicant would deposit the entire amount by 3^rd April, 2013.

¶14

In the light of the same, the matter was listed on 5^th April, 2013 for passing orders.

¶15

1 of 3

¶16

1.revn.15.19.13.doc

¶17

It was so listed but on that date, the Advocate for the complainant Mr. Upadhyay was not present nor the complainant. Therefore, the matter was adjourned today. Mr. Velkar produces receipts evidencing deposit of the entire sum as stipulated in this Court’s earlier order. The amounts are deposited in this Court as is evident by these receipts.

¶18

Mr. Upadhyay on taking instructions from the complainant states that the complainant has no objection that the offence be compounded and the sentence is set aside on the amount being deposited in this Court being permitted to be withdrawn with accrued interest. Equally, he would have no objection to the sentence being set aside if the amount deposited in the Sessions Court is also allowed to be withdrawn with accrued interest.

¶19

Mr. Velkar on taking instructions from the Applicant states that the Applicant has no objection if the amount is withdrawn and taken away. All that they are praying that the offence be compounded.

¶20

In such circumstances, both these Criminal Revision

¶21

2 of 3

¶22

1.revn.15.19.13.doc

¶23

Applications are disposed off by compounding the offences committed and permitting withdrawal of the amounts deposited in this Court with accrued interest and equally that in the Sessions Court on production of an authenticated copy of this order. Both Criminal Applications are disposed off in these terms. The Applicants need not surrender to custody.

¶24

(S. C. DHARMADHIKARI, J.)

¶25

S. S. MORMARE

¶26

3 of 3

Rajani Vinod Makwana v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rajani Vinod Makwana v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Samir Jaswant Shah Vs Rajendra Vinayak Mehta

Rajashri Medithi Vs the State of Maharashtra

Somnath Murlidhar Ghuge Vs the State of Maharashtra

Raghunandan Chaudhary Vs Maheshchandra Abhaysingh Gehlot and Anr.

Disha Wd/O Deven Malviya Vs Rajendra Shamlal Bhansali and Anr.

Raju Vijay Bahadur Singh Vs the State of Maharashtra