bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2300 OF 2007 PETITION NO. 2300 OF 2007 PETITION NO. 2300 OF 2007 Uday Shivram Patne ... Petitioner v/s Dr.Vijayrao Boravke Nagri Sahkari Pat Sanstha Ltd. & anr. ... Respondents Mr.D.D.Rananaware for the petitioner. Mr.V.S.Talkute for the respondent No.1. Mr.D.P.Adsule, A.P.P. for the respondent No.2 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH JUNE, 2008 10TH JUNE, 2008 10TH JUNE, 2008 P.C. P.C. P.C.: 1. The petitioner has already deposited Rs.45,000/- in the Sessions Court as directed by this Court by order dated 14.12.2007. The Sessions Court had directed that the sum of Rs.1,45,000/- should be deposited for suspending the sentence. While passing the ad-interim order, the court had directed that the amount of Rs.45,000/- should be deposited within two weeks. It appears that an application was made for extention of the time to deposit the amount which was rejected and accordingly the petitioner has now deposited the amount. In my view, this amount which has been deposited, would 2 be an adequate amount as a condition for suspending the sentence. 2. In the case of Dilip S. Dahanukar v/s Kotak Dilip S. Dahanukar v/s Kotak Dilip S. Dahanukar v/s Kotak Mahindra Mahindra Mahindra Co. Ltd. & anr., reported in 2007(3) Bom.C.R. Co. Ltd. & anr., reported in 2007(3) Bom.C.R. Co. Ltd. & anr., reported in 2007(3) Bom.C.R. 28, 28, 28, the Supreme Court has held that the sentence should be suspended subject to conditions which are not onerous, thus leaving the petitioner no recourse to the appeal filed by the him. In my view, there is no need to pass any further orders and the petition can be disposed of by directing that the sentence shall be suspended by accepting the amount already deposited. 3. The order of the Additional Sessions Judge in Criminal Appeal No.107 of 2007 suspending the sentence is modified by accepting the deposit made of Rs.45,000/- as a condition precedent for suspension of the sentence. 4. Petition disposed of accordingly. Appeal expedited.