Allowed

Sanjay S/O Vithal Chavan v. Mahendra Dattaram Patil and Anr.

Bombay HC9 Nov 2022WP/3868/2022

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of an application to suspend sentence due to non-payment of compensation. The Court accepted payment of the required amount received in court, granted suspension of the substantive sentence, and released the petitioner on bail upon furnishing a personal bond and sureties.

What did the court decide?

The substantive sentence was suspended; petitioner released on bail on furnishing PR Bond of Rs.10,000/- with one or two local sureties in the like amount, or cash surety for the stated period.

Sanjay S/O Vithal Chavan Vs Mahendra Dattaram Patil and Anr. — Bail and Remand | Bombay HC (2022)

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35-ia-3662-2022.doc

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 3868 OF 2022

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WITH

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INTERIM APPLICATION NO.3662 OF 2022

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Sanjay S/o. Vithal Chavan… Petitioner
V/s.
Mahendra Dattaram Patil & Anr.… Respondents

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Mr. A.M. Saraogi for the petitioner/applicant.

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Mr. S.S. Pednekar, APP for the State.

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Mr. Deepak Chitnis a/w Mr. Sanjay T. Raikar and Mr.
Mangesh Parte i/by Deepak Chitnis Chiparikar & Co.
for respondents 1 & 2.

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CORAM :AMIT BORKAR, J.

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DATED:NOVEMBER 9, 2022

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P.C.:

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1.The writ petition arises out of rejection of application under
section 389 of Code of Criminal Procedure before the Appellate
Court for non-payment of 20% compensation amount as directed
by the Appellate Court. The learned Magistrate by judgment and
order dated 16th April, 2019 directed payment of Rs.10,00,000/-
along with simple interest at the rate of 9% from the date of
complaint till its realization.

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2.The learned Sessions Judge in the impugned order rejected
the application for suspension of sentence on the ground that the

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35-ia-3662-2022.doc

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accused in spite of grant of opportunity to deposit the amount as
per the direction of Sessions Court failed to deposit 20% of the
amount.

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3.The accused therefore filed writ petition challenging the
order of rejection of relief of suspension of sentence.

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4.The accused was thereafter arrested for non-payment of the
amount of compensation as directed by the Sessions Court.

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5.During pendency of present writ petition, this court by order
dated 28th October, 2022 recorded a statement on behalf the
applicant that the applicant is ready and willing to pay 40% of the
amount to respondent No.1 and 2.

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6.Today, the learned advocate for the applicant handed over
pay order bearing No.119284drawn on Abhyudaya Co-Operative
Bank Ltd. to the complainant who is present in the Court. The
advocate for the complainant identifies the complainant and
hands over the pay order to the complainant. In that view of the
matter, I pass following order:

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(a) The substantive sentence of imprisonment imposed on the accused (Sanjay Vithal Chavan) by judgment and order dated 16 April 2019 passed by Metropolitan Magistrate, 33rd Court, Ballard Pier Mumbai,in C.C. No.5187/SS of 2018 stands suspended during the pendency of Criminal Appeal No. 399 of 2019.

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(b) The petitioner shall be released on bail on furnishing PR Bond of Rs.10,000/- and one or two local sureties in the

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35-ia-3662-2022.doc

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like amount.

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(c)Till the petitioner is able to arrange for PR Bond and
sureties, the petitioner shall be released on furnishing cash
surety of Rs.10,000/-.

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7.All concerned to act on an ordinary copy of this order duly
authenticated by the Court Sheristedar of this Court.

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8.In view of the aforesaid direction, the interim application
and writ petition stand disposed of. No costs.

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(AMIT BORKAR, J.)

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Sanjay S/O Vithal Chavan v. Mahendra Dattaram Patil and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay S/O Vithal Chavan v. Mahendra Dattaram Patil and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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