Bombay High Court
Abdul Basit Abdul Wahab Shaikh @ Bablu vs The State Of Maharashtra And Anr on 14 September, 2018
Author: A. M. Badar
Bench: Ranjit More, A. M. Badar
902 apl 1125.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1125 OF 2017
Mr. Abdul Basit Abdul Wahab Shaikh @ Bablu .....Applicant
versus
The State of Maharashtra and anr. .....Respondents
Mr. Kunal V. Phoole, advocate for the applicant.
Mr. F. R. Shaikh, APP for the State.
Ms. Raksha R. Dhotre I/b. H. S. Shinde, advocate for the respondent No.2.
CORAM : RANJIT MORE &
A. M. BADAR, JJ.
DATE : 14th SEPTEMBER, 2018.
P. C. :
The learned counsel for the applicant has moved the above matter by way of praecipe dated 11th September, 2018.
2. By an order dated 30th November, 2017, this Court allowed this application in terms of prayer clause (a) and quashed the proceedings of the subject criminal case on payment of cost of Rs.5000/- to Tata Memorial Hospital within a period of four weeks from the date of the order. It was also observed that on failure to pay the amount of cost and produce the receipt thereof on the file of this Court within the stipulated period, the application shall stand dismissed automatically without further reference to the Court and order quashing the Shubhada proceedings shall be treated as non-est. Shankar Kadam Digitally signed by Shubhada Shankar Kadam Shubhada S Kadam 1/2 Date: 2018.09.18 14:24:35 +0530 902 apl 1125.17.doc
2. The applicant though deposited the cost of Rs.5000/- with Tata Memorial Hospital on 18th December, 2017 which is within the stipulated time, failed to produce the receipt of payment of cost on the file of the Registry within the stipulated time and, therefore, the Registry directed the concerned magistrate to proceed with the subject criminal case. A xerox copy of the receipt dated 8th December, 2017, towards payment of cost is tendered across the bar today and the same is placed on record.
3. Since, the cost was deposited within the stipulated time, we permit the applicant to furnish the receipt thereof with the Registry within a period of one week from today. The Registry, thereafter, shall take necessary action.
[A. M. BADAR J.] [RANJIT MORE, J.]
Shubhada S Kadam 2/2