Kiran Viththal Vaidya v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 871 OF 2023 Shashikant Tulshiram Khamkar .....Appellant Vs.

State Of Maharashtra .....Respondent WITH CRIMINAL APPEAL NO. 116 OF 2024 Sudhir Sahdev Shivtarkar .....Appellant Vs.

State Of Maharashtra .....Respondent WITH CRIMINAL APPEAL NO. 125 OF 2024 Dilip Humraj Deshmukh .....Appellant Vs.

State Of Maharashtra .....Respondent WITH CRIMINAL APPEAL NO. 117 OF 2024 Ghanshyam Sakharam Kolambe .....Appellant Vs.

State Of Maharashtra .....Respondent 1/3

WITH CRIMINAL APPEAL NO. 311 OF 2024 Kiran Vitthal Vaidya .....Appellant Vs.

The State Of Maharashtra .....Respondent Adv. Vishal Rankhambe a/w Adv. Aparna V. Rankhambe and Adv. Sunil D. Kasabe for the Appellants.

Adv. Sandeep R. Karnik for the Appellant in Appeal No.311 of 2024. Mr. S.V. Gavand APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 1st APRIL, 2024.

P.C.:- 1) Appeal No.311 of 2024 is not on board. Mentioned. Taken on Board.

2) Learned APP on instructions from P.I. Mr. Lande, attached to E.O.W., Mumbai, submitted that, in furtherance of deposit of entire amount allegedly involved herein i.e. Rs.3,25,00,000/- by the principal accused Mr. Kiran Vaidya, the trial Court has passed an Order under Section 7(4) of the MPID Act and process of disbursement of the said amount to the investors of the present crime has began.

3) Heard learned Advocates appearing for the respective Appellants.

4) Admit.

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5) As and by way of interim relief, we direct that further proceedings in MPID Case Nos.8 of 2012 and 26 of 2013 qua the Appellants are stayed.

6) It is made clear that, the stay of further proceedings in the said cases will not preclude the learned Judge of the trial Court from disbursing of the said amount in favour of the investors of the present crime and the said process shall continue.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2024.04.03 12:28:48 +0530 SANJIV SHARNAPPA MASHALKAR 3/3