IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR Criminal Application No. 1276/2008 Suresh s/o Gyanuji Dongre, aged about 47 years, Occupation – Teacher, Resident of c/o A.P.T. Town High School, Harihar Peth, Akola, Tahsil and District – Akola .. APPLICANT .. Versus .. 1) State of Maharashtra. 2) Dr. Arun s/o Girdhar Chakranarayan, aged about 45 years, Occupation – Service, Resident of Renuka Nagar, Near Canal Dabki Road, Akola, Tahsil and District Akola. .. NON APPLICANTS ------------------------------------------------------------------------------------------------------ Mr. P.A. Joshi, Advocate for applicant. Mr. D. M. Kale, A.P.P. for non-applicant No.1. Mr. R.K. Tiwari, Advocate for non-applicant No.2. ------------------------------------------------------------------------------------------------------ CORAM : R. Y. GANOO, J. DATED:- 31 st JULY, 2009 P.C. 1. The petition was taken up for hearing looking to the point involved. The petitioner has filed Regular Criminal Appeal No. 24/2008, being aggrieved by the Judgment and order passed by the learned 5th Judicial Magistrate First Class, Akola in Regular Criminal Case No.1070/2001. The learned Ad-hoc District Sessions Judge No.II, Akola while staying the order of conviction and sentence directed the petitioner to deposit the entire amount of compensation of Rs.1,60,000/- ( Rs. One lakh sixty thousand ) into two installments, more particularly set out in order dated 17th March, 2008. This order is challenged in this petition. 2. I have heard learned Advocate of both sides. The learned Judge has passed an order so as to deposit the entire amount of compensation. According to learned Advocate Mr. P.A. Joshi for the petitioner, this would amount to calling upon the petitioner to comply with the complete order though this appeal is under consideration. It is submitted that this Court should pass a reasonable order. 3. The learned Advocate Mr. R.K. Tiwari submitted that the petitioner should be asked to deposit the amount as per the impugned order being the amount of compensation. 4. After having considered the point involved, I am inclined to observe that to call upon the petitioner to deposit the full amount of compensation, particularly when the appeal is pending will not be proper. In my view, the Court will have to order the petitioner to deposit a reasonable figure and looking to the facts of this case and also considering the fact that the cheque was for Rs.85,000/- (Rs. Eighty five thousand) it would be proper if the petitioner is directed to deposit in all sum of Rs.85,000/- (Rs. Eighty five thousand) so that at least the amount mentioned in the impugned cheque would get deposited pending appeal. This Court is informed that the petitioner has already deposited Rs.40,000/- (Rs. Fourty thousand). Credit will have to be given to the petitioner for the amount. In my view, this arrangement will meet the ends of justice. 5. Needless to mention that if the petitioner fails to comply with this order, the petitioner will have to surrender to his bail. 6. For the reasons mentioned as above, I pass the following order. The order dated 17th March, 2008 passed below Ex.5 in Criminal Appeal No.24/2008 by the learned Adhoc Assistant Sessions Judge-II, Akola as regards deposit of compensation is set aside and in its place following order is passed. The petitioner is directed to deposit in the Court of learned 5th Judicial Magistrate First Class, Akola in Regular Criminal Case No.1070/2001 in all a sum of Rs.85,000/- (Rs. Eighty five thousand). This be done on or before 15th of September, 2009. If the petitioner has deposited any amount prior to today, the petitioner shall get credit for the said amount. If the petitioner fails to comply with this order, the petitioner shall surrender to his bail. The petition stands disposed in above terms. JUDGE adgokar