IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.477 OF 2008 M/s. Salvi Infrastructure Pvt. Ltd. & Anr. .. Petitioners Vs. Manohar Laxman Gaikwad & Anr. .. Respondents WITH CRIMINAL WRIT PETITION NO.480 OF 2008 M/s. Salvi Infrastructure Pvt. Ltd. & Anr. .. Petitioners Vs. Maruti Vilas Baburao Patil & Anr. .. Respondents WITH CRIMINAL WRIT PETITION NO.481 OF 2008 M/s. Salvi Infrastructure Pvt. Ltd. & Anr. .. Petitioners Vs. Tukaram Ravji Patil & Anr. .. Respondents Ms.Beena Chavan i/by Mr.S.A.Vaidya for the Petitioners in all petitions. Mr.T.R.R.M.Ray for Respondent No.1 in all petitions. Mr.J.P.Yagnik, A.P.P for the State in all petitions. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 12th August 2008. P.C.: . Not on board. Taken on board. 2. Heard the advocate for the petitioners and the advocate for the 1st respondent. The challenge in these : 2 : petitions is to orders dated 13th February 2008 passed by the Sessions Court in pending criminal appeals. The petitioners preferred three separate criminal appeals before the Sessions Court for challenging the order of conviction and sentence in a prosecution under section 138 of the Negotiable Instruments Act, 1881. On 03rd November 2007, the Appellate Court passed an order in all the three appeals suspending the substantive sentence subject to the petitioners depositing a sum of Rs.7,500/- within a period of 10 days. By the same order, the 2nd petitioner was ordered to be enlarged on bail on his executing personal bond and surety bond in the sum of Rs.10,000/-. Separate applications were filed by the petitioners in the said appeals seeking extension of time to deposit the aforesaid amounts. The said applications have been rejected by the impugned order dated 13th February 2008. 3. Today the advocate for petitioners has produced on record receipts dated 04th July 2008 showing that a sum of Rs.17,500/- each has been deposited by the petitioners in the three pending appeals. Out of the said amount, a sum of Rs.10,000/- has been deposited by way of cash bail. Inspection of the said receipts has been given by the advocate for the petitioners to the : 3 : advocate appearing for the 1st respondents. 4. Though belatedly, the petitioners have complied with order dated 03rd November 2007 passed by the Appellate Court. The appeals are pending before the Sessions Court. 5. Considering the facts of the case, I am of the view that the time granted to the petitioners to comply with the order dated 03rd November 2007 deserves to be extended by setting aside the impugned order as the amounts have been deposited on 04th July 2008. 6. Hence, I pass the following order: (i) The impugned orders dated 13th February 2008 are quashed and set aside and time to deposit the amounts in terms of orders dated 03rd November 2007 is extended till 04th July 2008. (ii) As the petitioners have furnished cash surety of Rs.10,000/- in every case, he shall be enlarged on bail in the three appeals subject to executing personal bond in the sum of Rs.10,000/- before the trial Court. : 4 : (iii) In view of this order, the warrants issued against the 2nd petitioner in the aforesaid three appeals are cancelled. (iv) The petitions are disposed of accordingly. (A.S.Oka,J)