IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NEUTRAL CITATION
R/CR.A/700/2026 IA ORDER DATED: 01/05/2026
0.3461206640393629
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TIME) NO. 2 of 2026
In R/CRIMINAL APPEAL NO. 700 of 2026
ARVIND ASHWINBHAI TRIVEDI & ANR.
Versus
STATE OF GUJARAT & ANR.
Appearance:
MR EKANT G AHUJA(5323) for the PETITIONER(s) No. 1,2
MR RC KODEKAR(1395) for the RESPONDENT(s) No. 2
MS. C.M. SHAH, APP for the RESPONDENT(s) No. 1
CORAM:
HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/05/2026
IA ORDER
1. The present application has been filed by the applicant seeking extension of time to deposit the amount of fine imposed by this Court in Criminal Misc. Application No. 1 of 2026 in Criminal Appeal No. 700 of 2026 dated 01.04.2026.
2. The brief facts of the present applications are that the applicants have been tried and convicted by the learned Special Judge, CBI Court No. 1, City Civil & Sessions Court, Ahmedabad (hereinafter referred to as the “learned Trial Court”) vide order dated 27.03.2026 passed in CBI Special Case No. 44/2010, whereby, the present applicant nos. 1 and 2 were sentenced to rigorous imprisonment for 3 years and fine of Rs. 5,00,000/- each and in default, simple imprisonment for 6 months for the offence punishable under Section 420 read with Section 114 of IPC, rigorous imprisonment for 3 years and fine of Rs. 5,00,000/- each and in default, simple imprisonment for 6 months for the offence punishable under Section 468 read with Section 114 of IPC and rigorous imprisonment for 2 years and fine of Rs. 5,00,000/- each and in default, simple imprisonment for 6 months for the offence punishable under Section 471 read with Section 114 of IPC. The applicant – original accused no. 3 – M/s. Sakar Overseas Pvt. Ltd. was sentenced to pay a fine of Rs. 5,00,000/- for the offence punishable under Section 420 read with Section 114 of IPC, fine of Rs. 5,00,000/- for the offence punishable under Section 468 read with Section 114 of IPC and fine of Rs. 5,00,000/- for the offence punishable under Section 471 read with Section 114 of IPC and the fine has to be paid by the Director of the company i.e. the accused nos. 1 and 2 jointly.
3. Being aggrieved by the aforesaid judgment and order of conviction, the applicants preferred Criminal Appeal No. 700 of 2026 and also filed Criminal Misc. Application No. 1 of 2026 seeking suspension of sentence. This Court, vide order dated 01.04.2026, was pleased to suspend the execution of sentence subject to certain conditions. One of the conditions, being Condition No. (v) reads as under:
(v) shall deposit the entire amount of fine qua the applicant no. 3 – M/s. Sakar Overseas Pvt. Ltd. and amount of Rs. 5,00,000/- each towards the amount of fine of the applicant nos. 1 and 2 before the learned Trial Court on or before 05.05.2026;
4. Learned advocate for the applicants submits that the applicants have already deposited an amount of Rs. 10,00,000/- qua the fine of applicant nos. 1 and 2, however, due to financial constraints, the applicants are unable to deposit the remaining amount of fine qua the applicant no. 3 within the stipulated time. It is, therefore, prayed that the time to deposit the remaining amount of fine be extended till 10.06.2026.
5. Having heard the learned advocates for the respective parties and considering the facts and circumstances of the case, as also the submission that part payment has already been made, this Court is of the opinion that the issue deserves consideration.
6. Accordingly, the present application is allowed. The time to deposit the amount of fine qua the applicant no. 3, as directed by this Court vide order dated 01.04.2026 passed in Criminal Misc. Application No. 1 of 2026 in Criminal Appeal No. 700 of 2026, is hereby extended till 10.06.2026.
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