Shubhsneh Textiles Private Limited v. Mohammed Shahid Haji Rahematulla And ANR

Osk 45-Ia-1872-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1872 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO. 848 OF 2019 Shubhsneh Textiles Private Limited ... Applicant V/s.

Mohammed Shahid Haji Rahematulla & Ors.

... Respondents Mr. Piyush Toshnival for Applicant in IA/1872/2021. Ms. Sandhya Mailgir i/b. Mr.N.R. Bubna for Applicants in ABA/848/2021 for Respondent Nos.1 and 2 in IA/1872/2021.

Mr. Y.M. Nakhwa, A.P.P. for Respondent-State. Mr. Prakash Gaikwad, P.I., Shivajinagar Police Station, Ichalkaranji. CORAM : A.S. GADKARI, J.

DATE : 18th September 2021.

P.C. :

1.

This is an application to allow the Applicant/original Respondent No.3 in ABA/848/2019 to withdraw an amount of Rs.13,50,000/- deposited in this Court by the Applicants in ABA/848/2021, i.e. Respondent Nos.1 and 2 in the present Interim Application.

2.

By an Order dated 23rd February 2021 the Applicant has been permitted to make appropriate application for withdrawal of the said amount deposited in the Registry of this Court by Respondent Nos.1 and 2 in ABA/848/2019.

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Osk 45-Ia-1872-2021.odt 3.

Learned A.P.P. on instructions from the Senior Inspector of Police Mr.Prakash Gaikwad attached to Shivajinagar Police Station, Ichalkaranji submitted that, the Investigating Agency has no objection for the Applicant to withdraw the said amount.

4.

Advocate Ms.Mailgir on instructions from Respondent Nos.1 and 2 submitted that, her clients have no objection for the Applicant to withdraw the said amount.

5.

In view thereof, the present Application is allowed in terms of prayer Clause (a).

6.

Applicant is permitted to withdraw the said amount of Rs.13,50,000/- on his furnishing usual undertaking in this Court. 7.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2021.09.20 16:51:56 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2