Lata W/O. Late Vasant Bagul v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.525 OF 2021 IN CRIMINAL APPLICTION NO.108 OF 2017 IN CRIMINAL APPEAL NO.875 OF 2015 Lata w/o Late Vasant Bagul, Age : 57 years, occu. Household, R/o "Dwarkai Niwasa", Jai Bhawani Chal No.1, Room No.4, Late Rajaram Jadhav Marg, Near Mahalaxmi Shopping Center, Katemanivali, Kalyan (East), Tq. Kalyan, District Thane APPLICANT

VERSUS

The State of Maharashtra RESPONDENT ---- Mr. Joydeep Chatterji, Advocate for the applicant Mr. S.W. Mundhe, A.P.P. for the respondent/State ---- CORAM : MANGESH S. PATIL, J.

DATE :

04.03.2021 PER COURT :

Heard the learned Advocate for the applicant. 2.

The applicant happens to be the widow of the original accused No.2, who was convicted and had preferred Criminal Appeal No.875 of 2015. During pendency of the appeal, by the order dated 24.01.2017, he was granted bail inter alia with a condition to deposit cash security of

CRIAPLN525-2021 Rs.50,000/- in the Trial Court. It is now being submitted that pursuant to the said order, he has deposited the cash security as per the receipt (Exhibit-B). In due course, the Criminal Appeal was dismissed by the judgment and order dated 18.07.2019. However, unfortunately, he died on 24.09.2020. A request is now being made, therefore, for refund of the amount of cash security.

3.

After having heard the learned Advocate for the applicant and perusing the original record of Criminal Appeal No.875/2015, coupled with a copy of the death certificate of deceased accused No.2 (Exhibit-C), the application deserves to be allowed.

4.

The application is allowed. The Trial Court to verify and refund the amount of cash security to the applicant, as prayed for. The application is disposed of.

[MANGESH S. PATIL] JUDGE npj/CRIAPLN525-2021

CRIAPLN525-2021