Milind Hemraj Hingonekar v. The State Of Maharashtra And ANR

Nalawade A.S.

1 /1 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 445 OF 2015 IN CRIMINAL REVISION APPLICTION No.519 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Viral Rathod i/by H. E. Palwe for the Applicant. Mr. Mahesh Chndanshiv for the Respondent.

Mr. Deepak Thakare, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

6th May, 2016.

P.C.

This is an application for withdrawal of the amount of Rs.7,50,000/- deposited in this Court and Rs.2,50,000/- in the Appellate Court by the original accused/respondent No.2 herein. The learned counsel appearing for respondent No.2/original accused submitted that as a matter of fact his client has deposited Rs.2,50,000/- in the registry of the Trial Court and has not deposited Rs.7,50,000/- as per the directions of the Appellate Court, as he had preferred revision application against the said order in this Court. He further submitted that while admitting the revision application this Court has granted stay to the impugned order. In view of the same, it is clear that an amount of Rs.2,50,000/- has only been deposited by the accused in the registry of the Trial Court. The applicant herein i.e.

complainant is permitted to withdraw the said amount from the registry of the Trial Court on his furnishing a continuous bank guarantee in that behalf. The Nazir/Superintendent of the Trial Court shall verify the genuineness of bank guarantee and then only shall release the amount of Rs.2,50,000/- to the applicant herein.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)