Sahebarao Ramdas Shinde And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 119 OF 2024 Sahebarao Ramdas Shinde And Anr.
...Applicants vs.
The State of Maharashtra
...Respondent
***** Adv. Yashodeep Deshmukh a/w Adv. Vaidehi Deshmukh i/by Adv.
Pradip Patil Advocate for the Applicant Mr. A. D. Kamkhedkar APP for the Respondent-State ***** CORAM : S. M. MODAK, J.
DATE : 26th MARCH 2024 P. C. :- 1.
As directed on the last date, the summary of the payments required to be made in the relevant future in the tabular form alongwith necessary documents is taken on record by way of compilation. This compilation is marked as 'Annexure-X'. Copy is already served on the Office of the ACB, Nashik on 19/03/2024. Officer is present.
by SEEMA KSHITIJ YELKAR Date:
2024.03.27 19:38:12 +0530 SEEMA KSHITIJ YELKAR 1/3
2.
Let learned APP Sagare to take instructions from him in respect of urgent relief sought by the Applicant for direction to that effect. Matter kept back.
Later on 3.
Learned APP Shri Kamkhedkar argued the matter. 4.
Learned Advocate Shri Deshmukh has apprised me about the heads of the amounts from the statement filed today. According to him, item from Sr. Nos. 1 to 9 consist of the payment by way of salary and by way of payment of the Government towards the statutory liabilities. Whereas items from Sr. Nos. 10 to 37 consists of various payments to be made to the suppliers or private parties.
5.
The total of all these payment comes to Rs. 3,17,90,812/-. Whereas as per learned APP there are accounts in three banks. They are as follows:- a) Union Bank of India b) HDFC c) Saraswat Co-Operative Bank 6.
According to learned APP, an amount standing in all these accounts is not sufficient to cover an amount of Rs. 3,17,90,812/-. He is 2/3
having paper noting down the details of the accounts and the balance. He has shown it to me. However it is not authenticated in the sense neither signed by Investigating Officer nor by concerned bank. 7.
Whereas on the basis of the instructions, he submitted that there is also cash credit facility made available by Saraswat bank. They are not having any objection if the Applicant will avail of that facility. In view of the above, following directions:- (i) Let learned APP to take instructions from the Investigating Officer in respect of payment of the outgoing mentioned from Serial Nos. 10 to 37 and whether they are willing to allow the Applicant to pay the amount on heads from Serial Nos. 1 to 9 by way of an interim arrangement.
(ii) Let learned Advocate Shri Deshmukh to take instructions from the Applicant on the point of availing cash credit facility from the Saraswat bank.
8.
Stand over to 28/03/2024, on supplementary board. [S. M. MODAK, J.] 3/3