Ramkrushna Hanumant Tonpe @ Yogesh v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1112 OF 2024 IN CRIMINAL APPEAL NO. 1114 OF 2023 Ramkrushna Hanumant Tonpe @ Yogesh ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Benimadhav H. Goswami for the applicant.

Mr.S.V. Gavand, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 23rd AUGUST, 2024 P.C:- The current Interim Application seek modification of the order dated 17/10/2023, since according to him, the amount of Rs.4,00,200/- which was confiscated at the time of trial, is directed to be returned, but since this amount was deposited in a Fixed Deposit, he claims that he shall also be refunded the interest accrued thereupon.

Mr.Gavand, the learned APP do not dispute the statement that a sum of Rs.4,00,200/-, apart from the bribe amount, was seized and this came to be invested with State Bank Tilak

2/2 4 IA 1112-24.doc of India in form of a Fixed Deposit and it is likely to be matured on 7/1/2025 rendering an amount of Rs.6,63,740/-. However if the Fixed Deposit is prematurely withdrawn, it would yield an amount of Rs.6,36,468/- .

Since the amount that was seized from the accused was invested in a Fixed Deposit and has now yielded an interest, the order dated 17/10/2023 is modified by directing that the amount of Rs.6,36,468/- i.e. original amount of Rs.4,00,200/- along with the interest accrued thereon, till 16/8/2024, shall be refunded to the appellant.

The order dated 17/10/2022 also needs a modification since it directed an amount of Rs.12,500/-also to be refunded to the appellant, but in fact, the bribe amount of Rs.12,500/- has already been refunded to the complainant and therefore, this amount need not be paid to the appellant. With the aforesaid modification, Interim Application stand disposed off.

( SMT. BHARATI DANGRE, J.) Tilak