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Bombay High CourtIA/3631/2022allowed

Asiya Mustafa Khan v. The State Of Maharashtra And ANR

2023-06-20Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

NSK 16-ia-3631-2022 in apl-611-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3631 OF 2022 IN CRIMINAL APPLICATION NO. 611 OF 2016 Asiya Mustafa Khan ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents

Mr.Misbaah Solkar a/w Ms.Sumaiya Khan, for the Applicant. Mr.S.S. Hulke, APP for the Respondent-State.

Mr.Gaurav Shenoy, for Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 20th JUNE 2023 P.C.

1.

By the present Application, the Applicant, Original Respondent No.2 has sought permission to allow to withdraw an amount of Rs.5 Lakhs along with interest accrued thereon, deposited by the Respondent No.2 i.e. Original Applicant, in the Registry, in pursuance of Order dated 12th August 2016.

2.

Learned Advocate Mr.Shenoy, appearing for Respondent No.2/Original Applicant has no objection if the prayer of the Applicant is granted.

3.

In view thereof, and for the reasons stated in the 1/2

NSK 16-ia-3631-2022 in apl-611-2016 Application, Application is allowed in terms of prayer Clause (a). 4.

The concerned Registrar of the High Court is directed to release the payment as per paragraph No.10(iv) of Order dated 12th August 2016 in favour of the Petitioner within a period of one week from the date of the submission of a preacipe along with the copy of the present Order before it.

5.

All the concerned to act on the basis of an authenticated copy of this Order.

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2