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2026 DAILYLAW 13543 (BOM)

PUNDALIK SHANTARAM PRABHU v. SACHIN KHANDEKAR AND ANR

CRIR/174/2026 · 2026-10-01

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Judgment text

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25 CRIR 174 2026 1st October, 2026 Vinita IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO.174 OF 2026 PUNDALIK SHANTARAM PRABHU ... APPLICANT Versus SACHIN KHANDEKAR AND ANR ... RESPONDENTS Ms. Prithvi Bandekar, Advocate for the Applicant. Ms Sibani Singh, Advocate holding for Ms. Swati Kamat Wagh, Additional Public Prosecutor for Respondent No. 2. CORAM:- AMIT S. JAMSANDEKAR, J. DATED :- 1st October, 2026 P.C. Heard Ms. Bandekar, learned counsel for the Applicant. 2. It is submitted that, by an order dated 23.6.2026, the Applicant’s prayer for suspension of sentence was allowed by the Learned Additional Sessions Judge, subject to deposit of 50% of the compensation amount. The compensation amount, as per the judgment and order, is Rs. 30,00,000/-. It is submitted that the cheque amount is Rs. 20,00,000/-. Admittedly, the Applicant has not deposited 50% of the compensation amount before the Appellate Court and has filed an application seeking modification of the earlier order. The Learned Additional Sessions Judge also dismissed the application seeking modification of the order to deposit 50% of the compensation amount. The orders passed by the Learned Additional Sessions Judge are impugned by way of this Application. 2026:BHC-GOA:1969 25 CRIR 174 2026 1st October, 2026 3. I do not find any perversity or arbitrariness in the orders passed by the Appellate Court. The Learned Additional Sessions Judge has exercised its discretion judiciously. 4. Ms. Bandekar on behalf of the Applicant submitted that, having regard to the financial condition of the Applicant, it would be difficult for the Applicant to deposit 50% of the compensation amount. She therefore submitted that the Applicant shall deposit Rs. 10,00,000/- within three weeks from today and a further amount of Rs. 5,00,000/- within six months from today. She submitted that the statement made on behalf of the Applicant be accepted as an undertaking to this Court. 5. Considering the peculiar facts and circumstances of this case and in the interest of justice, the statement made on behalf of the Applicant is accepted as an undertaking to this Court. 6. The Applicant, as undertaken, shall deposit Rs. 10,00,000/- within a period of three weeks from today and a further amount of Rs. 5,00,000/- within six months from today. The non-bailable warrant issued against the Applicant be kept in abeyance only for a period of six months from today. 7. In view thereof, the orders passed by the learned Additional Sessions Judge on 23.6.2026 and 1.8.2026 are modified to the above extent. It is made clear that no further time shall be granted to the Applicant to comply with this order. 8. The Applicant further undertakes to comply with all the requirements and conditions that may be imposed by the learned 25 CRIR 174 2026 1st October, 2026 Additional Sessions Judge while hearing the appeal filed by the Applicant. The Applicant’s undertaking is accepted. 9. The Application stands disposed of in the above terms. 10. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. AMIT S. JAMSANDEKAR, J. Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 03/10/2026 17:31:24