1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3688 OF 2008 Shri Nathu Balu Sawant : Applicant (Orig.Appellant/Org. Accused) V/s. The State of Maharashtra & Anr. : Respondents (Resp.No.2 is Org.Accused) ... Mr.Uday P. Warunjikar for the applicant. Ms A.T.Jhaveri, Addl. Public Prosecutor for the State. Mr.Omkar Warange for respondent no.2. .... CORAM : S.A. BOBDE, J. DATE : AUGUST 14, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. After hearing the matter for sometime, the following order is passed by consent:- O R D E R (i) The impugned order dismissing the appeal is set aside in view of 2 the certificate annexed at exh.`B’, subject however to the applicant depositing the balance amount of compensation in the appellate Court within a period of six weeks from today and further subject to payment of costs in the sum of Rs.5,000/- to the respondent no.2. (ii)Appeal be heard expeditiously. (iii) Rule made absolute in the above terms. S.A. BOBDE, J.