Manjusha Kusumkar Patil v. State Of Mah.Thr. Pso Ps Sadar Nagpur

2024:BHC-NAG:4884 907appp736.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 736 OF 2024 I N CRIMINAL APPLICATION (ABA) NO. 685 OF 2021(D) Manjusha Kusumkar Patil 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 applicant.

Mr. Phasate, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/04/ 4.

1.

The present application is for withdrawal of the amount and for appropriate orders.

2.

As per the contention of the learned counsel for the applicant that applicant had filed an anticipatory bail application bearing No.685/2021 for grant of anticipatory bail in connection with Crime No. 379/2021 registered with Police Station Sadar, Nagpur for the offence punishable under Sections 420,467, 468 and Section 471 read with Section 34 of the Indian Penal Code, 1860. To show the bonafide, the applicant had deposited the amount of Rs. 5,00,000/- vide Demand Draft No. 509193 dated 22/10/2021 drawn on State Bank of India, in pursuance of the order dated 14/10/2021, this Court has granted anticipatory bail to the present applicant.

3.

It is submitted that, in other applications, the applicant has already been permitted to withdraw the amount. rkn

907appp736.2024.odt Now, the grievance of the prosecution regarding the work is also not in existence, and her security deposit is already returned back. In view of that, the present application deserves to be allowed by permitting her to withdraw the amount.

4.

Learned APP strongly opposed the present application on the ground that the amount is deposited as precondition to release her on bail. 5.

After hearing learned counsel for the applicant and learned APP for the State, it reveals that her security deposit is already returned back. Moreover, the record further shows that she has already completed the work. In view of that, the present application deserves to be allowed. Accordingly, I proceed to pass the following order:

Order a] The application is allowed.

b] The amount of Rs. 5,00,000/- deposited by the applicant vide Demand Draft No. 509193 dated 22/10/2021 be disbursed to her on due identification and verification along with the accrued interest.

c] The criminal application (APPP) No. 736/2024 is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn