Pallavi Wd/O Atul Zend v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO.2652 OF 2023 IN ABA/479/2019 PALLAVI WD/O ATUL ZEND

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Sohail Subhedar APP for Respondent / State : Mr. V.S. Badakh ...

CORAM : R. M. JOSHI, J.

DATE : SEPTEMBER 14, 2023 PER COURT :

.

This application is for withdrawal of amount of Rs.One Lakh deposited before the Chief Judicial Magistrate, Beed pursuant to the order dated 10.04.2019 passed by this Court in Anticipatory Bail Application No.479 of 2019, which was filed seeking prearrest bail in connection with Crime No. 54 of 2019 registered at Beed Rural Police Station.

2.

Learned counsel for the applicant submits that in respect of the said crime '

A' summary report has been filed and hence he be permitted to withdraw the deposited amount.

3.

Learned APP though opposed the application, however contended that the order passed by this court dated 1/2

08.12.2022 in Criminal Application No. 2731 of 2022 permitting co-accused to withdraw a sum of Rs.Twenty Lakh has not been challenged before the Apex Court.

4.

Having regard to the fact that '

A' summary report has been filed in connection with Crime No.54 of 2019 and co-accused is permitted to withdraw the amount, on parity present application deserves to be allowed. Hence following order:

ORDER

(i) Application is allowed in terms of prayer clause ' B'.

[ R. M. JOSHI ] JUDGE GGP 2/2