Bombay High Court
MANOJ SUDHAKAR PRADHANversusKARISHMA SURESH KAYASTH
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
Holding
The court modified the suspension order, reducing the mandatory deposit to 10% and allowing release upon compliance.
Summary
The petitioner, convicted by a Judicial Magistrate and appealing the conviction, was arrested during the pendency of his appeal and an order suspending his sentence conditioned on depositing 20% of the compensation awarded. He sought modification of this condition, arguing financial hardship and offering to pay 10% (Rs.60,000) within seven days and the remaining 10% within two months. The High Court, relying on Supreme Court precedents, accepted the petitioner's voluntary offer and altered the suspension order accordingly. The court directed the petitioner to deposit the initial 10% and file an undertaking for the balance, with immediate release upon compliance. Failure to comply would result in vacating the suspension, and the writ petition was thereafter disposed.
Issues considered
- What extent can a court modify the condition of depositing a percentage of compensation for suspension of sentence?
- Whether the petitioner’s financial hardship justifies reduction of the deposit requirement.
Subjects
- suspension of sentence
- modification of condition
- compensation deposit
- criminal appeal
- writ petition
- financial hardship
Judgment
2026:BHC-AUG:21318
4 CRI WP NO. 618 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 618 OF 2026
Manoj Sudhakar Pradhan
VERSUS
Karishma Suresh Kayasth
…
• Mr. Hazari Ashish Satish, Advocate for the Petitioner
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 08.05.2026
PER COURT :
1. Heard learned counsel for the petitioner.
2. Learned appointed counsel for the petitioner submits that the
petitioner came to be convicted vide judgment and order dated
11.11.2025 passed by the learned 2nd Judicial Magistrate First Class,
Aurangabad, in SCC No. 12544 of 2023. Against the said conviction,
the petitioner has preferred an appeal before the learned Ad-hoc
Additional Sessions Judge, Court No. 2, Aurangabad.
3. It is further submitted that the petitioner came to be arrested
on 18.02.2026, during the pendency of the appeal and application for
suspension of sentence. He further submits that the sentence imposed
upon the petitioner came to be suspended vide order dated
13.03.2026, subject to the condition of depositing 20% of the
compensation amount awarded by the learned Magistrate. According
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4 CRI WP NO. 618 OF 2026
to the petitioner, the said condition has been imposed mechanically
without considering the financial hardship faced by the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is
ready to deposit 10% of the compensation amount i.e. 60,000/-
within 07 days from today and further undertakes to deposit the
remaining 10% amount within a period of two months thereafter.
Hence, it is prayed that the condition regarding mandatory deposit of
20% amount for suspension of sentence be modified.
5. Learned counsel for the petitioner has relied upon the
judgments of the Hon’ble Supreme Court in the cases of Muskan
Enterprises and Another Vs. State of Punjab and Another , reported in
(2024) 20 SCC 85, and Jamboo Bhandari Vs. M.P. State Industrial
Development Corporation Ltd. and Others, reported in AIR Online
2023 SC 1103.
6. Taking into consideration the aforesaid submissions and
particularly the voluntary submission that the petitioner is ready to
deposit Rs. 60,000/- within 07 days, I am inclined to pass the
following order :-
ORDER
i. The order dated 13.03.2026 passed by the learned Ad-hoc
Additional Sessions Judge, Court No. 2, Aurangabad, is
modified to the following extent :-
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4 CRI WP NO. 618 OF 2026
A) The petitioner shall deposit 10% of the compensation
amount, i.e. Rs.60,000/-, before the learned Appellate
Court within a period of 07 days from today.
B) The petitioner shall file an undertaking before the learned
Appellate Court that he shall deposit the remaining 10%
amount within a period of two months thereafter.
C) Upon deposit of 10% of the compensation amount, i.e.
Rs.60,000/-, within the stipulated period, the substantive
sentence imposed upon the petitioner shall remain
suspended during pendency of the appeal and the
petitioner shall be directed to be released forthwith,
immediately after deposit of initial amount of Rs. 60,000/-
and the undertaking as aforesaid.
D) Failure on the part of the petitioner to comply with the
aforesaid directions shall result in vacation of the order of
suspension of sentence.
7. In view of the aforesaid terms, the writ petition is disposed of.
8. Fees of the learned appointed counsel are quantified at
Rs.10,000/- (Rupees Ten Thousand only), to be paid by the High
Court Legal Aid Services Sub-Committee, Aurangabad.
( MEHROZ K. PATHAN, J. )
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