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

2024:BHC-NAG:1062

(1) 6.appp.1951.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1951 OF 2023 IN CRIMINAL APPLICATION (ABA) NO.489 OF 2021 Manjusha Kusumkar Patil and another Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Sadar, Nagpur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Abhay Sambre, Advocate for applicant.

Mr. N. R. Rode, APP for respondent/State.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 23/01/2024 1.

Heard.

2.

The present application is filed by the applicant No.2 for withdrawal of the amount.

3.

Learned Counsel Mr. Sambre for the applicant submitted that the applicant had filed Anticipatory Bail Application bearing No.489/2021 decided on 29.03.2022 and made a statement before the Court to show the bona fide that she will deposit Rs.5,00,000/-. Accordingly, by order dated 05.08.2021 she has deposited the amount of Rs.5,00,000/- on 09.08.2021 by depositing the cheque. Thereafter, the anticipatory bail application was allowed.

(2) 6.appp.1951.2023 4.

Learned Counsel Mr. Sambre for the applicant submitted that the dispute between the applicant and the concerned authority was that, she has not completed the work, and therefore, her security deposit was not returned back to her. Subsequently, she had completed the work, her security deposit is also returned back to her. He placed on record the communication showing that now, the authority is not having any grievance regarding the work of the present applicant and it shows that she has already completed the work. Her security deposit is already returned back. In view of that, the present application deserves to be allowed. Accordingly, I proceed to pass following order.

ORDER

(i) The application is allowed.

(ii) The amount of Rs.5,00,000/- (Rs. Five Lakhs) deposited by the applicant No.2 vide cheque bearing No.094714 dated 09.08.2021 be disbursed to her on due identification and verification along with the accrued interest. The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate