Allowed

Jagdish Dayaram Hinduja and Anr. v. the State of Maharashtra and Anr.

Bombay HC25 Apr 2013WP/921/2013

Case brief

AI extract

What is this about?

The Court allowed a Criminal Writ Petition to modify the suspension order of the lower Appellate Court. Upon deposit of Rs.5 lacs by the Petitioners, the Court substituted the original 50% compensation condition with a 20% deposit condition, directing the lower court to dispose of the appeal within four months.

What did the court decide?

The Criminal Writ Petition was allowed; the suspension order was modified to require 20% deposit instead of 50% compensation, and the appeal was to be heard.

Jagdish Dayaram Hinduja and Anr. Vs the State of… — Criminal Trial and Appeal | Bombay HC (2013)

wp.921.13.911

kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.921 OF 2013

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Jagdish Dayaram Hinduja and another. ..Petitioners

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Versus - The State of Maharashtra and another.

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..Respondents

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Ms.P.J.Kanani, for the Petitioners. Mr.A.S.Shitole, APP for the Respondent/State. Mr.Amar Talreja, for the Respondent No.2.

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CORAM: S.C. DHARMADHIKARI, J.

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DATE :- 25^th April, 2013.

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PC:

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1 This Court, while issuing the notice on this Criminal Writ Petition, had directed the Petitioners to deposit a sum of Rs.5 lacs. That amount is now deposited.

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2 The Criminal Appeal preferred by the Petitioners challenging the conviction and sentence is pending. In Criminal Appeal No.20/2012, a request was made to suspend the sentence during its pendency. The lower Appellate Court suspended the sentence, but directed that the order will become effective only if the Petitioners pay 50% of the compensation amount within two weeks from the date of order, namely, 25.02.2013.

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3 To my mind, any larger controversy or wider question need not be decided. Once the Petitioners have deposited a sum of Rs.5 lacs in this Court, then, the Registry of this Court to transmit that sum to the Registry of the lower Appellate Court for being invested in Fixed Deposit

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2 wp.921.13.911

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for a period of six months initially and to abide by further orders of the lower Appellate Court. In such circumstances the order passed by the lower Appellate Court is modified and is substituted with a condition of depositing 20% of the compensation amount which is determined at Rs.5 lacs. Since that condition has been complied with, the Criminal Appeal be heard and decided in accordance with law and the lower Appellate Court shall make an endeavour to dispose of the Appeal within four months from the date of receipt of a copy of this order. All contentions of both parties are kept open.

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4 The Writ Petition is allowed in these terms.

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( S.C. DHARMADHIKARI, J. )

Jagdish Dayaram Hinduja and Anr. v. the State of Maharashtra and Anr.

Case brief

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Jagdish Dayaram Hinduja and Anr. v. the State of Maharashtra and Anr.

Case brief

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