Dagdu Malhari Jogdande v. The State Of Maharashtra And Another

2025:BHC-AUG:36474 902-CRWP-1219-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1219 OF 2025 Dagdu Malhari Jogdande ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. P.A. Salve, Advocate for the petitioner Mr. K.S. Patil, A.P.P. for respondent no.1 - State Mr. D.B. Rode, Advocate for respondent no.2 ....

CORAM : ABHAY J. MANTRI, J.

DATE : 19th DECEMBER, 2025 PER COURT :

1.

After hearing learned counsel for the petitioner for some time, when the Court was not inclined to interfere with the impugned order, at that time, learned counsel for the petitioner, on instructions, sought leave to withdraw the petition. His statement is accepted. Leave is granted. 2.

In view of the above, the Petition is dismissed as withdrawn. 3.

As a sequel, learned counsel for the Respondent No. 2 submitted that the Respondent No.2 be permitted to withdraw an amount of Rs. 1,20,000/- deposited by the petitioner in this Court. In response, learned counsel for the petitioner has objected to the withdrawal of the same by Respondent No. 2. However, I do not find substance in the submission of learned counsel for the petitioner, as the trial Court has already held that the 1 / 2

902-CRWP-1219-25.odt petitioner is liable to pay the compensation of Rs.9 lakhs and out of that, the petitioner has deposited only Rs.1,20,000/- in this Court, and therefore, it would be appropriate to permit the Respondent No.2 to withdraw the same, on furnishing an usual undertaking to this Court. 4.

Accordingly, the Registrar (Judicial) is directed to transmit the amount of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand) along with interest, if any, accrued thereon to the bank account of the Respondent No.2 within a period of six weeks on his furnishing a usual undertaking and his bank account details to the registry.

5.

Needless to clarify that the petitioner has to comply with the order dated 17th July, 2025, passed by the learned Additional Sessions Judge, Shrigonda, i.e. to deposit the balance amount of Rs. 60,000/- of the said order, before the learned Additional Sessions Court within six weeks from today, failing which the learned Judge shall take appropriate steps to comply with this order.

( ABHAY J. MANTRI, J. ) SSD 2 / 2