Shuchita Baburav Chavan v. The State Of Maharashtra And ANR
3-ia3611-2022 in ba1872-2022.doc AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3611 OF 2022 IN BAIL APPLICATION NO.1872 OF 2022 Digitally signed by ATUL GANESH KULKARNI Date:
2023.08.01 14:38:22 +0530 ATUL GANESH KULKARNI Suchita Baburav Chavan ... Applicant In the matter between Suryakant Shantaram Chavan ... Applicant V/s.
The State of Maharashtra & Anr.
... Respondents Mr. Virendra V. Pethe for the applicant in IA/3611/2022.
Mr. Vikas Shivarkar for the petitioner in WP/2637/2023 & applicant in BA/1872/2022.
Mr. P.H. Gaikwad, APP for respondent No.1/State. Mr. Harshal Suryawanshi for applicant in IA/3493/2022.
CORAM :AMIT BORKAR, J.
DATED :AUGUST 1, 2023 P.C.:
1.
The interim application seeks withdrawal of Rs.22 lakh deposited in furtherance of order dated 27 June 2022. According to the applicant, Rs.22 lakh were paid to the accused. This Court while releasing the applicant on bail by order dated 27 June 2022 directed the applicant to deposit Rs.11 lakh and to file undertaking to deposit balance amount. Accordingly, the accused has deposited Rs.22 lakh.
3-ia3611-2022 in ba1872-2022.doc 2.
The applicant is, therefore, seeking permission to withdraw the amount of Rs.22 lakh.
3.
Learned advocate for the applicant in bail application objects to grant such permission on the ground that Criminal Writ Petition No.2637 of 2023 is pending before this Court and no objection for quashing the complaint by the applicant is necessary. Without such no objection, the applicant cannot be permitted to withdraw the amount.
4.
In my view, parameters for adjudication of application seeking withdrawal of amount are independent of the parameters of quashing the proceedings. Both operate in independent sphere. Prima facie, it appears that the applicant has paid Rs.22 lakh to the accused. Therefore, in my view, in view of operative part of order dated 27 June 2022 the applicant has made out a case for permission to withdraw the amount.
5.
The interim application is allowed in terms of prayer clause (a). No costs.
6.
Amount of Rs.22 lakh shall be paid to the applicant/Suchita Baburav Chavan along with accrued interest, if any. (AMIT BORKAR, J.)