Manjusha Kusumkar Patil And Another v. The State Of Maharashtra, Thr. Police Station Officer, Police Station Sadar, Nagpur

2024:BHC-NAG:2838 7appp366.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 366 OF 2024 I N ANTICIPATORY BAIL APPLICATION (ABA) NO. 489 OF 2021 (D) Manjusha Kusumkar Patil and another V/s State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Abhay Sambre, counsel for the applicants. Mr. S.C. Joshi, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/03/ 4.

1.

Heard.

2.

The present application is filed by the applicant No.1- Manjusha Kusumkar Patil for withdrawal of the amount. 3.

Mr. Abhay Samre, learned counsel for the applicant submitted that the applicant had filed Anticipatory Bail Application (ABA) No. 489/2021 decided on 29/03/2022. Before deciding the said matter, the statement was made by the applicant that she is ready to deposit of Rs. 5,00,000/-. Accordingly, by order dated 05/08/2021, she had deposited the amount of Rs. 5,00,000/- on 09/08/2021 by depositing the cheque thereafter, the anticipatory bail application was allowed.

4.

Learned counsel Mr. Abhay Sambre for the applicant further submitted that the dispute between the applicant and the concerned authority was that, she had not completed the rkn

7appp366.24.odt work, and therefore, her security deposit was not returned back to her. Subsequently, she had completed the work, and her security deposit is also returned back to her. He placed on record the communication showing that the authority is not having any grievance regarding the work of the present applicant. Considering her security deposit already been returned back, the application deserves to be allowed. Accordingly, I proceed to pass the following order: a] The criminal application is allowed.

b] The amount of Rs. 5,00,000/- deposited by the present applicant -1 vide cheque no. 000017 dated 09/08/2021 be disbursed to her on due identification and verification along with accrued interest.

c] The application is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn