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. 1048 OF 2019 IN BAIL APPLICATION NO. 3322 OF 2018 State Bank of India ...Applicant V/s.

The State of Maharashtra and Ors.

...Respondents

Mr. R.J. Singh for the Applicant.

Ms. Rutuja Ambekar, APP for the Respondent/State. Mr. Vivek V. Salunke for the Respondent No. 3.

CORAM

:

N.R. BORKAR, J.

DATE :

20.04.2023 P.C. :

1.

I have heard the learned counsel for the applicant, learned counsel for respondent No.3 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 ofences punishable under Sections 417, 420, 468, 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 by order dated 18 January 2019 in Bail Application No. 3322 of 2018, while releasing respondent No.3 on bail, directed him to deposit Rs.18,00,000/- (in words Eighteen Lakhs) in this Court. The respondent No.3 accordingly deposited the said amount.

3.

The present application is filed seeking permission to 1/6

withdraw the said amount deposited by the respondent No.3. In support of the application, the applicant- Bank has filed an afdavit-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.18,00,000/- (in words Eighteen Lakhs) deposited by the 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