Krunal Prakash Ganatra vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Krunal Prakash Ganatra vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clause (a): the order dated 20.12.2024 passed by the Addl. Sessions Judge 87th Court, Mumbai in Criminal Appeal No.402/2024 quashed and set aside; upon deposit of the fine amount with accrued interest, the Appellate Court to expedite the matter and decide the application afresh.

Issue for consideration

Whether the order dated 20.12.2024 passed by the Addl. Sessions Judge 87th Court, Mumbai in Criminal Appeal No.402/2024 should be quashed and set aside, the applicant undertaking to deposit the fine amount with accrued interest on 28 January 2025.

Court's answer

If the fine amount is deposited (with accrued interest, submitted for 28 January 2025), the Appellate Court shall expedite the matter and decide the application afresh.

Ratio / Principle

The application is allowed in terms of prayer clause (a): the order dated 20.12.2024 passed by the Addl. Sessions Judge 87th Court, Mumbai in Criminal Appeal No.402/2024 is quashed and set aside.

Detailed headnote1 paragraphs

Cri.Application No.1910 of 2024, High Court of Judicature at Bombay (Criminal Appellate Jurisdiction) — Krunal Prakash Ganatra v. The State of Maharashtra & Anr.; Coram: R.N. Laddha, J.; decided 24 January 2025. The applicant had been ordered by the learned Sessions Judge, Mumbai, on 18 July 2024, in Criminal Miscellaneous Application No.1395 of 2024 in Criminal Appeal No.402 of 2024, to deposit a fine amount, but could not do so due to financial constraint. He sought quashing of the order dated 20.12.2024 passed by the Addl. Sessions Judge, 87th Court, Mumbai, in Criminal Appeal No.402/2024, submitting that he would deposit the fine amount with accrued interest on 28 January 2025, would not seek adjournments, and would cooperate for expeditious disposal of the appeal; counsel for respondent No.2 raised no objection. Held: if the amount is deposited, the Appellate Court shall expedite the matter and decide the application afresh; the application is allowed in terms of prayer clause (a), i.e., the order dated 20.12.2024 is quashed and set aside. Accordingly, the application stands disposed of.

Digitally signed by CHITRA SANJAY SONAWANE Date: 2025.01.24 19:46:37 +0530

CHITRA SANJAY SONAWANE

Chitra Sonawane 4-APL-1910-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

Cri.Application No.1910 of 2024

Krunal Prakash Ganatra …... Applicant. Vs. The State of Maharashtra & Anr. …... Respondents.

Mr Ashokkumar Dubey a/w Anil Kumar Pandey i/by SAVJ Law Solutions for the applicant.

Mr MG Patil, APP for respondent No.1/State.

Mr Jatin P Karia (Shah) a/w Ms Snehankita Munj, Ms Dipti Karia, Ms Preeti SG and Ms Shraddha Kamble for the respondent No.2.

Coram : R.N.Laddha, J. Date : 24 January 2025. P.C. :

The learned Counsel for the applicant submits that due to financial constraint, the applicant could not deposit the fine amount as ordered by the learned Sessions Judge, Mumbai, in Criminal Miscellaneous Application No.1395 of 2024 in Criminal Appeal No.402 of 2024 on 18 July 2024. The learned Counsel further submits that the applicant is ready to deposit the said amount with accrued

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Chitra Sonawane 4-APL-1910-2024.doc

interest thereon, on 28 January 2025.

If the amount so deposited, the Appellate Court shall expedite the matter and decide the application afresh. Learned Counsel for the applicant further submits that the applicant will not seek any adjournment in the matter pending before the Appellate Court and will cooperate for the expeditious disposal of the appeal. In view of this, the learned Counsel for the respondent No.2 states that he has no objection to allow this application. The application is allowed in terms of prayer clause (a) which reads thus :

(a) The application may be allowed and the order dated 20.12.2024 passed by the Addl. Sessions Judge 87^th Court, Mumbai in Criminal Appeal No.402/2024 be quashed and set-aside.

Accordingly, the application stands disposed of.

[ R. N. Laddha,J. ]

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