Govind Kashinath Shinde v. The State Of Maharashtra

Diksha Rane 908. IA 568-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.01.03 18:43:53 +0530 DIKSHA DINESH RANE INTERIM APPLICATION NO.568/2020 IN ANTICIPATORY BAIL APPLICATION NO.2202/2018 GOVIND KASHINATH SHINDE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Rushikesh Kale i/b. Mr. V. V. Purwant for the applicant. Mr. N. B. Patil, APP for State.

Mr. V. B. Bharate, PN/1801, Barshi District Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 3, 2023.

P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for refund of the amount of Rs.3,25,000/- deposited in this Court pursuant to an order dated December 5, 2018. In paragraph 6 of the said order is has been recorded that "in case the Competent Authority conducting enquiry under the provisions of Maharashtra Coop. Societies Act records a finding in favour of the applicants then they will be entitled for refund of the appropriate amount in that behalf and if the competent 1/2

Diksha Rane 908. IA 568-20.doc authority after enquiry asserts any specific liability on the applicants, the applicants will be entitled to get benefit of the deposited amount by them in the registry of this Court." 3.

My attention is invited to the copy of the Enquiry Report dated June 29, 2019. The findings and the conclusions are that the applicant who is at Serial No.6 is absolved of any liability.

4.

In this view of the matter, the present application deserves to be allowed in terms of prayer clause (b). 5.

Learned counsel for the applicant, on instructions, undertakes that in case in any proceeding the amount is required to be brought back, the said amount will be redeposited within such time as the competent Court may direct.

6.

The application is disposed of.

(M. S. KARNIK, J.) 2/2