Jayendra Jagannath Khamkar v. Sharaddha Mahesh Samant And ANR

p513-71-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 71 OF 2019 IN CRIMINAL REVISION APPLICATION No. 480 OF 2018 Jayendra Jagannath Khamkar ...Applicant

IN THE MATTER BETWEEN

Sharaddha Mahesh Samant ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

----- Mr. S.B.Shetye for the Applicant.

Mr.Amogh P. Khadye for Respondent No.1 in Criminal Application and the Original Applicant in Revision Application. Mr.A.R.Patil, APP for Respondent No.2-State.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 12 MARCH 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

While granting bail by this Court on 12.09.2018, respondent No.1 i.e.,original accused was directed to deposit Rs. 6,00,000/- in the registry of the trial Court.

Trupti 1/2

p513-71-2019.doc 3.

The learned counsel for the applicant/ original complainant submits that the original accused has deposited Rs.6,00,000/- in the trial Court and, therefore, the original complainant be allowed to withdraw the said amount.

4.

The learned counsel for respondent No.1/ original accused opposes this Application on the point that a specific undertaking to be given at the time of withdrawal.

5.

Perused order dated 12.09.2018 and the Application. The applicant/ original complainant is allowed to withdraw an amount of Rs. 6,00,000/- on an undertaking that the original complainant shall return the amount in the case of acquittal of the accused within a period of 60 days from the date of the acquittal order. 6.

Criminal Application is allowed and accordingly disposed of. (MRIDULA BHATKAR, J.) Trupti 2/2