1 54-wp-715-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 715 OF 2025 M/s Kesuram Khanchand through Prop. Chandrabhan S/o Kesuram Kewalramani Versus Suresh S/o Ghanshyamdas Chandhalani Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.V.Karnavat, Advocate for the petitioner. Shri J.R.Bachwani, Advocate for the respondent. CORAM : MEHROZ K. PATHAN, J. DATED : 24th AUGUST, 2026. The writ petition is filed challenging the order dated 24.06.2025 passed by the learned District Judge-10 and Additional Sessions Judge, Nagpur in Criminal Appeal No. 123 of 2024, thereby allowing the application for suspension of sentence vide order passed below Exhibit 4. Clause 2 (B) of the said order which suspends the sentence of imprisonment imposed upon the present petitioners vide judgment dated 08.05.2024 passed by 8th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Nagpur in Summary Criminal Case No. 22049 of 2022, directs the petitioners/applicants to SKNair 2026:BHC-NAG:11191 2 54-wp-715-25.odt deposit 20% of the compensation amount i.e. Rs.3,50,000/- within 15 days in the trial Court. 2. At the outset, Shri Karnavat, learned counsel for the petitioners submits that petitioners have already deposited the 20% compensation amount i.e. Rs. 3,50,000/- by cheque 093547 dated 21.08.2026. 3. Shri Bhachwani, learned counsel for the respondent submits that though the petitioners have deposited the said cheque amount, the appeal is still pending, an appropriate order may be passed for early disposal of the appeal. 4. Thus, without going into the merits of the matter, particularly when this Court has already upheld the directions of imposing 20% amount of compensation awarded by suspending the sentence in the other connected writ petition filed by the present petitioners Kesuram Kewalramanai and Chandrabhan Kewalramani in Writ Petition No. 704 of 2025, I am not inclined to entertain the writ petition. Hence, the following order. ORDER i. The writ petition is dismissed. SKNair 3 54-wp-715-25.odt ii. It is however, directed that the learned District Judge-10 and Additional Sessions Judge, Nagpur shall make an endevour to decide the Appeal No. 123 of 2024, expeditiously and not beyond the period of one year. iii. The respondent / complainant - Suresh Chanchalani, is permitted to withdraw the 20% compensation amount deposited by the petitioners i.e. 3,50,000/-, upon giving an undertaking that if the appeal is allowed by the learned Appellate Court, the said amount will be refunded to the accused within the time as directed by the Appellate Court. iv. Since, the petitioners have already deposited 20% amount as directed by the learned Appellate Court, the conviction warrant issued by the Executing Court shall remain stayed till the decision of the appeal by the Appellate Court in the Criminal Appeal No. 123 of 2024. v. The remaining conditions of executing the PR Bond and Special Bond as directed vide order dated 24.06.2025 passed by learned District Judge, Nagpur, shall be executed by the petitioners before the Appellate Court where the Criminal Appeal is pending. [MEHROZ K. PATHAN, J.] SKNair