State Bank Of India v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1047 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 207 OF 2019 State Bank of India ...Applicant V/s.

The State of Maharashtra and Ors.

...Respondents

Mr. R.J. Singh for the Applicant.

Mr. A.A. Palkar, APP for the Respondent/State. None for Respondent No. 3.

CORAM

:

N.R. BORKAR, J.

DATE :

20.04.2023 P.C. :

1.

None appears for respondent No.3. I have heard learned counsel for the applicant and learned APP for the respondent - State.

2.

The applicant is complainant in crime no. 302 of 2016 registered at Dattawadi Police Station, District Pune, for the offences punishable under Sections 417, 420, 465, 467, 471 120B read with 34 of the Indian Penal Code (IPC). The respondent No.3 is accused in the said crime and allegations against him are of loan fraud. This Court while granting anticipatory bail to respondent No.3 vide orders dated 13 February 2019 and 08 March 2019 in Anticipatory Bail Application No. 207 of 2019, directed him to deposit an amount of Rs.1,05,00,000/- (in words Rupees One Crore Five Lakhs) in this Court. The respondent No.3 accordingly deposited the said amount.

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3.

The present application is filed seeking permission to withdraw the said amount deposited by respondent No.3. In support of the application, the applicant-Bank has filed an affidavit-cum-undertaking dated 19 April 2023. For ease of reference same is scanned and reproduced hereinbelow: 2/6

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4.

Considering the overall facts and circumstances and in view of the undertaking filed by the applicant-Bank, I am inclined to allow the present application.

5.

The applicant is permitted to withdraw the amount of Rs.1,05,00,000/- (in words One Crore Five Lakhs) deposited by respondent No.3 along with the interest accrued, if any, on the said amount.

6.

The Application is disposed of.

[N.R.BORKAR, J.] 6/6