Ramesh Babulal Jain v. The State Of Maharashtra And ORS.

Digitally signed by Shagufta Q.

Pathan Date:

2021.02.23 17:17:03 +0530 Shagufta Q.

Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 583 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 1151 OF 2019 Ramesh Babulal Jain ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Parth Kishor Sanghrajka for the Applicant Mr. S. V. Gavand, A.P.P for the Respondent No.1-State Mr. S. R. Samel i/b Rajeev Sawant & Associates for the Respondent No. 2 CORAM : REVATI MOHITE DERE, J.

TUESDAY, 23 rd FEBRUARY 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant (original complainant) seeks the following relief :

"A. That this Hon'ble Court be pleased to direct the registry to transfer/pay an amount of Rs.3,65,000/- to the Applicant/Ori. Complainant on any terms and conditions as this Hon'ble Court deems fit and just."

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Vide order dated 7th August 2019, the respondent No. 2 hereinGajanan Laxman Palave was enlarged on bail by this Court (Coram : Revati Mohite Dere, J.) on certain terms and conditions. It is recorded in the said order that the applicant would deposit 5 demand drafts totalling to Rs. 3,65,000/- in the Registry of this Court within one week from the date of the said order. It is not in dispute that the respondent No. 2 hereinGajanan Laxman Palave has deposited the said amount in the Registry. The applicant is the original complainant, who seeks transfer of the said amount i.e. Rs. 3,65,000/- deposited by the respondent No. 2 in the Registry, to the applicant (original complainant).

Learned counsel for the respondent No. 2, on instructions of the respondent No. 2, states that the respondent No. 2 has no objection if the said amount i.e. Rs. 3,65,000/- is transferred by the Registry of this Court in favour of the applicant (original complainant). In view of the aforesaid, the application is allowed. The Registry of this Court is directed to transfer/pay the amount of Rs. 3,65,000/- deposited by the respondent No. 2 to the applicant 2/3

(original complainant) along with accrued interest, if any, on verifying the identity of the applicant.

Application is disposed of accordingly.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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