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Bombay High CourtAPPP/737/2024allowed

Roshan Panjabrao Patil v. State Of Mah. Thr. Pso Ps Sadar Nagpur

2024-04-24Hon'Ble Justice Urmila Joshi Phalke2 pages

2024:BHC-NAG:4885 908appp737.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 737 OF 2024 I N CRIMINAL APPLICATION (ABA) NO. 737 OF 2021(D) Roshan Panjabrao 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. A.B.Badar, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/04/ 4.

1.

The present application is filed by the applicant - Roshan Panjabrao Patil for the withdrawal of the amount and for appropriate orders.

2.

Learned counsel for the applicant submitted that the applicant had filed a criminal application (ABA) No. 737/2021 which was decided on 29/03/2022, before deciding the said application, the statement was made by the applicant that he is ready to deposit an amount of Rs. 13,40,500/-. Accordingly, he had deposited the said amount.

3.

Learned counsel for the applicant further submitted that the dispute between the applicant and the concerned authority was that he had not completed the work and therefore, the security deposit was not returned back. Subsequently, he completed the work and the security deposit was also returned back. He placed on record the rkn

908appp737.2024.odt communication showing that the authority is not having any grievance regarding the work of the present applicant. Considering the security deposit, he has already returned back the amount. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

ORDER

a] The application is allowed.

b] The amount of Rs. 13,40,500/- deposited by the applicant vide Demand Draft No. 913494 dated 09/11/2021 be disbursed to him 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