Zakir Siraj Sayyed v. State Of Maharashtra Through P.I. Kondhwa Police Station
2024:BHC-AS:18883
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.55/2024 ZAKIR SIRAJ SAYYED ..APPLICANT VS.
THE STATE OF MAHARASHTRA & ANR.
..RESPONDENTS ------------ Adv. Sarfaraj J. Shaikh a/w. Adv. Toheed Maniyar, Adv. Peerzade Abdulla for the applicant.
Smt. Megha Bajoria, APP for the State.
Adv. Harshada Shrikhande i/b. Adv. Shekhar & Co. for the respondent no.2.
------------ CORAM : M. S. KARNIK, J.
DATE : APRIL 24, 2024.
P.C. :
1.
Heard learned counsel for the applicant and learned counsel for the complainant- Mohammed Sohel Nazamuddin Shaikh.
2.
An afÏdavit has been filed by the applicant that upto now an amount of Rs.10,00,000/- has been deposited out of the total amount of Rs.15,50,000/-. The applicant in the afÏdavit dated 22/4/2024 has stated that he is willing to deposit an amount of Rs.5,50,000/- before the Special Sessions Judge, Pune, within a period of one year from 22/4/2024.
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3.
Learned counsel for the complainant opposed the request. It is submitted that sufÏcient time was already granted despite which the applicant has failed to deposit the amount. It is further submitted that the complainant be permitted to withdraw the amount of Rs.10,00,000/- which has been deposited before the trial Court.
4.
This Court had indicated that the request for one year period for depositing Rs.5,50,000/- is unreasonable. In this view of the matter, learned counsel for the applicant, on instructions, submitted that the amount of Rs.5,50,000/- will be deposited in the trial Court within a period of nine months from 22/4/2024. Statement is accepted. Time is extended accordingly. Learned counsel for the applicant further on instructions submitted that the applicant will have no objection for complainant to withdraw the amount of Rs.10,00,000/- which has been deposited with the trial Court. Further the applicant will have no objection for the complainant to withdraw the balance amount of Rs.5,50,000/- which will be deposited by the applicant with the trial Court within the period stipulated hereinabove. Statement is accepted. The trial Court to permit such 2/3
withdrawal.
5.
The complainant is allowed to withdraw the amount of Rs.10,00,000/- which has been deposited before the trial Court. As per the statement of learned counsel for the applicant, the applicant will have no objection if the amount of Rs.5,50,000/- which is to be deposited is withdrawn by the complainant. The trial Court to permit such withdrawal upon the deposit so made.
6.
Learned counsel for the complainant, on instructions, submitted that on the deposit of the entire amount, the complainant will co-operate with the applicant for quashing of the criminal case filed against the applicant. Statement is accepted. Parties to abide by the statements. 7.
In this view of the matter, the application is disposed of.
(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 24/04/2024 17:35:16