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Bombay High CourtAPPLN/3916/2024application allowed

Sachin Subhash Rathod v. The State Of Maharashtra And Others

2024-09-24Hon'Ble Shri Justice S. G. Dige3 pages

2024:BHC-AUG:22730 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3915 OF 2024 IN ABA/954/2024 Sachin Subhash Rathod

VERSUS

The State of Maharashtra and others ...

Advocate for Applicant : Mr. Rathod Sandip P. APP for Respondent Nos.1 and 2: Mrs. M.L. Sangit Advocate for Respondent No.3 : Mr. A.D. Gade .....

AND CRIMINAL APPLICATION NO. 3916 OF 2024 IN ABA/1055/2024 Sachin Subhash Rathod

VERSUS

The State of Maharashtra and others ...

Advocate for Applicant : Mr. Rathod Sandip P. APP for Respondent Nos.1 and 2: Mrs. M.L. Sangit Advocate for Respondent Nos.3 and 4 : Ms. Ashwini Lomte .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 24th SEPTEMBER, 2024.

PER COURT :- 1.

By these two applications, the applicant is seeking withdrawal of the amount deposited by accused No.15 Rupesh Gaikwad, accused No.2 Samadhan Rathod and accused No.7 Rama Kawale.

-22.

Learned counsel for the applicant submits that aforesaid accused have deposited total amount of Rs.75,000/- before this Court against the damage caused to the properties of the applicant. These accused and co-accused have caused damage to the properties of the present applicant and others. The applicant be permitted to withdraw the said deposited amount.

3.

Learned counsel for respondent No.3 in criminal application No.3915 of 2024 and respondent Nos. 3 and 4 in criminal application No. 3916 of 2024 submitted that they have no objection to allow the applications. They submitted that the applicant be permitted to withdraw the amount without prejudice to the rights of the respondents.

4.

Learned A.P.P. submitted that appropriate order be passed.

5.

Considering the submissions of all learned counsel and as the respondents have deposited the amount and they have no objection to withdraw the said amount, I pass the following order:-

-3O R D E R I.

Both applications are allowed.

II.

The applicant is permitted to withdraw the amount deposited by the respondents before this court, with interest if any. III.

The aforesaid withdrawal is without prejudice to the rights of the respondents herein.

(SHIVKUMAR DIGE, J.) rlj/