Changdeo S/O. Nivrutti Dahiphale v. The State Of Maharashtra

939-ABA2768.22 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2768 OF 2022 IN ABA/1360/2018 CHANGDEO S/O. NIVRUTTI DAHIPHALE

VERSUS

THE STATE OF MAHARASHTRA Mr. V. C. Patil, Advocate h/f. Mr U. B. Bondar, Advocate for applicant; Ms. V. S. Choudhari, A.P.P. for respondent/State CORAM : S. G. MEHARE, J.

DATE : 23rd August, 2022 P.C.

1.

Heard the learned counsel for the applicant.

2.

Issue notice to the respondent.

3.

The learned A.P.P. waives service of notice for the respondent/State.

4.

By this application, the applicant seeks refund of amount of Rs.65,000/- deposited by the applicant as per the order of this Court dated 19.12.2018 passed in Anticipatory Bail Application No.1360 of 2018.

5.

It has been vehemently argued by the learned counsel for the applicant that the trial of the applicant has been completed and the

939-ABA2768.22 (2) learned Additional Sessions Judge, Ahmedpur, District Latur, has acquitted the applicant. Therefore, the applicant is entitled to get the said amount refunded.

6.

The applicant has placed on record the copy of the Judgment and order dated 05.07.2022, rendered by the learned Additional Sessions Judge, Ahmedpur, District Latur, in Special Case (MSEB) No.1 of 2019, whereby he has been acquitted. The amount of Rs.65,000/- was deposited as a condition for grant of anticipatory bail. The said amount is still lying with this Court. Since the applicant has been acquitted, no purpose would be served by keeping the said amount with the Court. Therefore, the Registry is directed to refund the amount of Rs.65,000/- to the applicant, deposited by him as per the order of this Court as mentioned above, with interest, if that amount is invested in the fixed deposit, within two weeks from today.

7.

The application is allowed in above terms.

(S. G. MEHARE, J.) amj