Kavita Suraj Shigwan v. The State Of Maharashtra And ANR

1/2 6 APPP 421.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.421 OF 2018 IN ANTICIPATORY BAIL APPLICATION NO. 610 OF 2017 Kavita Suraj Shigwan ..

Applicant

Versus

The State of Maharashtra and Anr.

..

Respondent Mr. Nikhilesh Pote i/b Adv. Rimpi Tuli for the Applicant. Ms. Kavita Suraj Shigwan (Applicant) present in the court Mr. Suraj Ramesh Shigwan (Respondent) present in the court Mr. S.V. Gavand, A.P.P. for the State/Respondent. CORAM: BHARATI DANGRE, J.

DATED : 12th OCTOBER, 2022 P.C:- 1.

In pursuant to the order dated 22/01/2018, when the applicant was released on bail in the event of his arrest in the C.R. which was registered on the complaint filed by the wife, the applicant expressed his willingness to deposit a sum Rs. 3,43,500/ in this court which was equivalent to the Stridhan. The amount was accordingly deposited in the registry and despite the application being disposed off, it is lying with the registry.

2.

The learned counsel for the applicant has placed on record a copy of the settlement arrived between the parties and presented to Ashish Mhaske

2/2 6 APPP 421.18.doc the 71st Court, Bandra Mumbai, in D.V. Case No. 137 of 2017, where as a part of settlement it is agreed that the wife shall be entitled to the amount of Rs. 3,43,500/-. The copy of the settlement is placed on record and marked as X for identification. The applicant as well as the complainant are present in the court and they are identified by the learned counsel. The husband has no objection if the wife is permitted to withdrawn the said amount in the wake of the settlement arrived between them.

3.

In the light of the aforesaid, the applicant Mrs. Kavita Suraj Shigwan is permitted to withdraw the amount of Rs. 3,43,500/- along with any interest which has accrued thereupon if the registry has invested this amount on establishing her identity before this Court. 4.

The counsel for the applicant however state that the applicant may not be in a position to establish her identity as Kavita Suraj Shigwan as the Aadhaar Card shows the name as Kavita Madhukar Kadam. It is open for her to file an affidavit before the Registrar stating the aforesaid fact which shall be accepted. Application disposed off.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske