Gajanan Ukha Rathod v. The State Of Maharashtra

2024:BHC-AUG:14094 971-CrAn-559-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 559 OF 2024 GAJANAN UKHA RATHOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Harshal P. Randhir APP for Respondent : Mr. S. R. Wakale ...

CORAM : S. G. MEHARE, J.

DATE : 10-07-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

A very short issue is involved in this case, that the learned Additional Sessions Judge, Jalgaon, while granting bail imposed a condition that accused should deposit an amount of Rs.5,50,000/- and concern learned trial Court is directed to distribute the said amount to informant and other victims/ beneficiaries equally on condition to produce it when require and necessary without fail before learned trial Court. However, before releasing the amount, the applicant raised objection that amount should not be disbursed. The learned Additional Sessions Judge, Jalgaon has already protected the interest of the applicant to release the amount, subject to condition to produce it as and when necessary.

971-CrAn-559-24.odt The rights of the parties, in such a case, are adjudicated at the time of conclusion of the trial. Therefore, the contention of the applicant that the amount should not be released is premature. The impugned order does not affect the rights of the prosecution. His right is still open, when the amount deposited by him at the time of the conclusion of the trial or after it is over. There is no substance in the application. Hence, the criminal application is dismissed in limine.

( S. G. MEHARE ) JUDGE rrd