Bhagwan Prabhuappa Gunjkar v. The State Of Maharashtra

1 53) appp1243-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1243 OF 2018 in CRIMINAL BAIL APPLICATION NO.981 OF 2017 WITH CRIMINAL APPLICATION NO.171 OF 2018 Bhagwan Prabhauppa Gujnkar ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Ms.Vidya Polmare I/b. S.K. Atique UR Rehman for the applicant. Mr. N.B.Patil, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : MARCH 4, 2019 P.C.:- It is the case of the applicant that while releasing on bail, pursuant to condition precedent, an amount of Rs.30 lakhs is deposited in the trial Court. It is further claimed that the offence is compounded between the applicant and the complainant and as such, the applicant is entitled for refund of the amount which he has deposited before the learned Magistrate.

2.

As it is informed that the offence against the applicant

2 53) appp1243-18.doc is already compounded, in that view of the matter, the application is disposed of with liberty to approach the learned Magistrate for refund of the amount which is so deposited by the applicant in the crime in question.

3.

Needless to clarify that this Court has not examined the merits of the matter. The learned Magistrate shall decide the application, if so moved by the applicant for withdrawal of the amount on its own merits, without being influenced by the observations made.

4.

The application stands disposed of in the above terms. 5.

In view of the disposal of Criminal Application No.1243 of 2018, Criminal Application No.171 of 2018 (not on board) also stands disposed of.

(NITIN W. SAMBRE, J.)