Habib Abbas Fakih v. State Of Maharashtra And ANR

27-1REVN49-22.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION 1321 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 49 OF 2022 Habib Abbas Fakhih ...Applicant In the matter between Altaf Yusuf Naik ...Applicant

Versus

The State of Maharashtra & anr.

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2022.04.28 12:09:23 +0530 Mr. Gaurav Parkar, for the Applicant in REVN/49/2022. Mr. Habib Fakih, Applicant/Respondent no.2, present. Mr. A. R. Patil, APP for the State.

CORAM:

N. J. JAMADAR, J.

DATED :

26th APRIL, 2022 PC:- 1.

Heard the learned Counsel for the applicant - original complainant and the learned Counsel for the respondent - accused - revision applicant.

2.

This application is preferred to seek permission to withdraw the sum of Rs.30,00,000/- deposited by the accused - revision applicant in this Court in pursuance of the order passed by this Court on 20th January, 2022.

3.

The applicant - complainant has been permitted to withdraw the amount of compensation, which had been earlier deposited by the accused - revision applicant. 1/2

27-1REVN49-22.DOC 4.

As of now more than 35% of the amount of compensation awarded by the learned Magistrate yet remains outstanding. Having regard to the pendency of the proceedings, it would be expedient to allow the applicant - original complainant - Habib Fakih, to withdraw the amount of Rs.30,00,000/- deposited by the accused - revision applicant.

5.

Hence, the application stands allowed.

6.

Mr. Habib Fakih - original complainant is permitted to withdraw the amount of Rs.30,00,000/- on furnishing an undertaking that he will bring back the amount in the event this Court interferes with the order of the Courts below. 7.

The application disposed.

[N. J. JAMADAR, J.] 2/2