Kamal Jaswnatlal Sheth v. The State Of Maharashtra And ANR.

ssm 1 918-appr57.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 57 OF 2019 CRIMINAL REVISION APPLICATION NO. 39 OF 2018 WITH CRIMINAL APPLICATION NO. 58 OF 2019 CRIMINAL REVISION APPLICATION NO. 40 OF 2018 WITH CRIMINAL APPLICATION NO. 59 OF 2019 CRIMINAL REVISION APPLICATION NO. 41 OF 2018 WITH CRIMINAL APPLICATION NO. 60 OF 2019 CRIMINAL REVISION APPLICATION NO. 42 OF 2018 Kamal Jaswantlal Sheth ...Applicant.

Vs.

The State of Maharashtra & Anr.

....Respondents.

Mr. Manohar Ramsinghani I/by Abdul Millwala for the Applicant and the Respondent in Revision Applications.

Smt. Sonal Parab a/w Mr. S.R. Samel I/by Rajeev Sawant & Associate for the Applicant in Revision.

Mr. R.M. Pethe APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 11th JULY, 2019.

P.C.:- These are the Applications filed by the Original Complainant for withdrawal of the amount deposited by the 1/3

ssm 2 918-appr57.19.doc Respondent No.2 in the Trial Court so also before this Court in the aforestated Criminal Revision Applications.

The details of amount deposited by the Respondent No.2/Original accused in the Trial Court as well as in this Court is mentioned here-in-below in a tabular form.

Sr.

No.

Particulars of Case Date Amount (Rs.) Court Cr. APL No. 57 of RA No. 39 of 2018 C.C. No.

966/SS/2010 07.03.2014 30.04.2014 06.05.2014 1,00,000 10,00,000 17,00,000 ---------------- 28,00,000 Trial Court 72,00,000 High Court Total amount deposited 1,00,00,000 Cr. APL No. 58 of RA No. 40 of 2018 C.C. No.

967/SS/2010 07.03.2014 30.04.2014 06.05.2014 1,00,000 44,65,000 10,00,000 ---------------- 55,65,000 Trial Court 1,44,45,000 High Court Total amount deposited 2,00,00,000 Cr. APL No. 59 of RA No. 41 of 2018 C.C. No.

968/SS/2010 07.03.2014 30.04.2014 20.06.2014 25.07.2014 05.11.2014 1,00,000 10,00,000 35,00,000 20,00,000 72,60,000 ---------------- 1,38,60,000 Trial Court 3,61,40,00 High Court 2/3

ssm 3 918-appr57.19.doc Total Amount deposited 5,00,00,000 Cr. APL No. 60 of RA No. 42 of 2018 C.C. No.

969/SS/2010 07.03.2014 30.04.2014 06.05.2014 1,00,000 10,00,000 17,00,000 ---------------- 28,00,000 Trial Court 72,00,000 High Court Total amount deposited 1,00,00,000 The learned counsel for the Respondent No.2 submitted that, the Respondent No.2 has no serious objection for withdrawal of the amount by the Applicant, however adequate security from him may be obtained as in case the Respondent No.2 succeeds in the Revision Applications, the Applicant will have to bring back the said amount.

In view thereof, the Applicant is permitted to withdraw the aforestated amount of Rs.9 crores from the Registry of the Trial Court so also from the Registry of this Court, subject to furnishing continuous bank guarantee of Nationalized bank during the pendency of the Revision Applications for the said amount. Applications are allowed in the aforersaid terms. (A.S. GADKARI, J.) 3/3