Bombay High Court
KIRAN KISHANRAO NAIK PROPRIETOR OF PARTH CONSTRUCTIONversusDELTA IRRIGATION INDIA LLP THR ITS PARTNER AND ANOTHER
- Disposal
- Disposed off as Withdrawn
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Kiran Kishanrao Naik, filed a criminal writ petition seeking to quash a common order of the Sessions Court that required him to deposit 15% of a fine to suspend his imprisonment sentence. The petition alleged that the condition was improper. After hearing, the petitioner’s counsel requested a pass to consult the client and subsequently sought to withdraw the petition. The State’s counsel did not oppose the withdrawal. The Court granted leave to withdraw and dismissed the petition as withdrawn.
Issues considered
- Whether the condition imposed by the Sessions Court requiring deposit of 15% of the fine for suspension of imprisonment can be quashed.
Subjects
- criminal procedure
- writ petition
- withdrawal
- quash order
- fine
- suspension of imprisonment
Judgment
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5-WP-698-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 698 OF 2026
Kiran Kishanrao Naik Proprietor
Of Parth Construction …...Petitioner
VERSUS
Delta Irrigation India LLP Thr.
Its Partner And Another …...Respondents
_________________________________________________________________
Mr. Rushikesh Thakur, for Petitioner.
Mr. C. D. Mali, APP, for Respondent No.2 - State.
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
DATE : 10th SEPTEMBER, 2026.
2026.09.10
20:32:01
+0530
P.C.
1. Heard Mr. Rushikesh Thakur, learned Advocate for the Petitioner
and Mr. C. D. Mali, learned A.P.P. for Respondent No.2 – State.
2. By the present Petition, the Petitioner has sought the following
substantial relief:
“b) To quash and set aside the impugned common order
dated 23.03.2026 passed below Exhibit-1 and Exhibit-4
by the Ld. Sessions Court, Kolhapur in Criminal Appeal
No.40 of 2026 only to the extent of the condition
imposed in the operative portion that the Petitioner
should deposit 15% of the fine amount for the
Shantanu S. Dhudum
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5-WP-698-2026 (CR).DOC
suspension of the imprisonment sentence and fine as per
order dated 13.02.2026 passed in Summary Criminal
Case No.4375/2022 by Judicial Magistrate First Class,
Kolhapur till decision of appeal (Exhibit-E).”
3. After having heard the matter for sometime, Mr. Rushikesh
Thakur, learned Advocate for the Petitioner, sought a pass over to take
instructions from the Petitioner. After sometime, at his request, this Petition
was taken up.
4. Mr. Rushikesh Thakur, learned Advocate for the Petitioner, on
instructions from the Petitioner, seeks leave to withdraw the present
Petition.
5. This request is not opposed by Mr. C. D. Mali, learned A.P.P. for
Respondent No.2 – State.
6. In view of the statement made by Mr. Rushikesh Thakur, learned
Advocate for the Petitioner, leave is granted to withdraw the present
Petition.
7. Criminal Writ Petition No.698 of 2026 is dismissed and disposed
of as withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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