Salim Gafoor Sheikh v. The State Of Maharashtra And Another

2024:BHC-AUG:1076 943 APPLN.3248.2023 ORS.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

943 CRIMINAL APPLICATION NO. 3248 OF 2023 IN APPLN/694/2023 SHARIN BANO W/O SALIM SHEIKH

VERSUS

SALIM SHAIKH AND OTHERS ...

Advocate for Applicant : Mr. Shaikh Md. Ibrahim Ismail. Advocate for Respondent : Mr. Niranjan Milind Deshpande. APP for Respondent/State : Mrs. Pratibha J. Bharad. ...

AND CRIMINAL APPLICATION NO. 3818 OF 2023 IN APPLN/3401/2022 WITH CRIMINAL APPLICATION NO.3401 OF 2022 SALIM GAFOOR SHEIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Niranjan Milind Deshpande. APP for Respondent/State : Mrs. Pratibha J. Bharad. Advocate for Respondent No.2 : Mr. Shaikh Md. Ibrahim Ismail. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

17th January, 2024.

P.C.:

In Criminal Application No.3401 of 2022, the learned counsel for applicant, on instructions, submits that it was a matter for staying the distress warrant and that has been stayed itself by the Executing Court. Therefore, this application deserves to be disposed of. Hence, Criminal Application No.3401 of 2022 is disposed of.

943 APPLN.3248.2023 ORS.odt Criminal Application No.3818 of 2023 is filed for amendment. This application is disposed of as the amendment is already carried out.

In Criminal Application No.3248 of 2023, the learned counsel for applicant prays for withdrawal of the amount of Rs.99,500/- deposited in this Court with interest, if any. Heard the learned advocates for the respective parties. The learned counsel for respondent strongly objected the application.

Perused the application. Considering the facts and circumstances of the case, the applicant/wife is certainly entitled for the said amount. Criminal Application No.3248 of 2023 is therefore, allowed in terms of prayer clause (A).

[ SANJAY A. DESHMUKH, J. ] nga