Vikram Mahadev Hinge v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CRIMINAL REVISION APPLICATION NO.382 OF 2024 VASANT ANANDRAO IDHOL Date: 2024.12.04 17:11:53 +0530 Vikram M. Hinge ...Applicant V/s.

The State of Maharashtra & Anr.

..Respondents Ms.Sonali Chavan with Ms.Gargi Warunjikar for the Applicant. Ms.Manisha R. Tidke, APP for the Respondent - Sate. CORAM : MILIND N. JADHAV, J.

DATE :

3RD DECEMBER , 2024.

P.C. :- 1.

The present Criminal Revision Application is directed against the order dated 13.07.2022 passed by the learned Trial Court. The Trial Court is seized of the bail application of Accused. The Accused has been indicted for financial misappropriation of money. Applicant before me is one of the victim of the act committed by Accused. His statement has been recorded as a witness by the prosecution. Learned Advocate would inform that in the interregnum, Accused has deposited 1/3

substantial amounts to the tune of Rs.49.00 lakh in the Trial Court. Hence Applicant has made an application to the Trial Court that the Court should permit withdrawal of an approximate amount of Rs.30.00 lakh, which was advanced by Applicant to Accused. That application is rejected by the Trial Court by the impugned order which is appended at page 49 on the face of the application. It is a handwritten order. Learned Trial Court in that order states that return of money to Applicant can be possible only after ascertainment of the all amounts received by Accused and all claims of various investors are decided and only thereafter the Competent Authority can permit return or disbursement of the amount. Since the matter is listed before me for the first time and argued by the learned Advocate, issue notice to the Respondents.

Learned APP shall look into the matter and assist the Court as to the maintainability of the application seeking intervention before the Trial Court by one of the victims seeking return of money at this stage.

adjourned date on the issue of jurisdiction of the Trial Court to consider such an application for return of monies. Humdast permitted. Private service permitted. Copy shall be served on the learned APP.

2.

Considering that the present issue involves indictment under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (MPID Act) and would involve various investors (victims) who have lent money to Accused, learned APP shall also ascertain and inform the Court as to who is the Competent Authority for disbursement of the amounts after ascertainment and adjudication of the claims and inform the Court accordingly so that appropriate orders can be passed in this application.

3.

Stand over to 10.12.2024.

(MILIND N. JADHAV, J.) 3/3