1 (cri appln 4873 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4873 OF 2010 A.Mahadevan ...Application vs State of Maharashtra and Ors. …Respondents ----- Mr.Ranvir S. Shekhawat for Applicant Mr.Rajeev K. Pandey a/w. Janhavi Lanjekar for Respondent No.1 Mr.P.A.Pol -PP for the State. ----- CORAM: V.M. KANADE J. DATED: 28TH OCTOBER, 2010 P.C. 1. The Petitioner is aggrieved by the order passed by the Sessions Court in the appeal filed by him. 2. By the said order, while admitting the appeal and as a condition for suspension of sentence awarded by the Trial Court, the the Sessions Court has directed the Applicant to deposit an amount of Rs.4 lacs in the Sessions Court. 3. It is submitted by the learned counsel for the Applicant that the said amount is unreasonable. It is submitted that the Applicant was merely a guarantor to 2 (cri appln 4873 of 2010) the loan which was taken by the principal borrower. He submitted that secondly, on account of financial constraints, he is not in a position to deposit the entire amount of Rs.4,00,000/-. He submitted that he has good case on merits and would be in a position to deposit an amount of Rs.2,00,000/- within a period of five weeks from today. 4. The learned counsel for the Respondent No.1 has vehemently opposed this submission. It is submitted that the Trial Court had awarded compensation by way of fine of Rs.8,00,000/- and the Sessions Court has asked that the Applicant to deposit 50% of the amount only which is not unreasonable. 5. In my view, taking into consideration the peculiar facts and circumstances, it would be appropriate if the amount of Rs.4,00,000/- is reduced to Rs.2,00,000/-. 6. The Applicant shall deposit Rs.1,00,000/- within one week from today and another amount Rs.1,00,000/- within four weeks thereafter. The order of the Sessions Court is, accordingly, modified. The Sessions Court, however, shall dispose of the appeal as expeditiously as 3 (cri appln 4873 of 2010) possible. Criminal Application is, accordingly, disposed of in the aforesaid terms. (V.M. KANADE J.)