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Bombay High CourtIA/1190/2024disposed off

Vishal Subhash Kadam v. Rahul Deepak Patlare

2024-06-12Hon'Ble Shri Justice S. M. Modak3 pages

by SATISH RAMCHANDRA SANGAR Date:

2024.06.15 11:06:48 +0530 SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1190 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 239 OF 2021 Vishal Subhash Kadam ...Applicant vs.

Rahul Deepak Patlare

...Respondent

WITH INTERIM APPLICATION NO. 2915 OF 2021 IN CRIMINAL REVISION APPLICATION NO. 239 OF 2021 Rahul Deepak Patlare ...Applicant vs.

Vishal Subhash Kadam and Anr.

...Respondents

***** Mr.Amey Deshpande:- Advocate for Applicant in IA No.1190 of 2024.

No one is present:- On behalf of Applicant in IA No.2915 of 2021.

Mr.Avinash Kamkhedkar:- APP for Respondent No.2-State.

***** CORAM :

S. M. MODAK, J.

DATE :

12th JUNE 2024 P. C. :- 1/3

1.

It is true that while suspending the sentence, this Court has accepted the undertaking given by the Applicant to deposit Rs.4,00,000/- (Rupees Four Lakh Only) and Rs.6,00,000/- (Rupees Six Lakh Only). As per the farad-sheet dated 8th March 2022 of Interim Application No.2915 of 2021, Rs.4,00,000/- is deposited on 16th February 2022 in this Court. This Interim Application was filed for suspension of substantive sentence.

2.

Now, the Complainant wants its withdrawal. Earlier, the Complainant was asked to serve the Applicant-Accused. Though served, today no one is present. There is also a grievance that remaining amount of Rs.6,00,000/- is not deposited. Hence, following order:-

O R D E R

(a) Let the Applicant is permitted to withdraw Rs.4,00,000/- (Rupees Four Lakh Only) from the Office on furnishing an undertaking that the amount will be returned, if directed by this Court.

3.

Interim Application is disposed of accordingly. INTERIM APPLICATION NO. 2915 OF 2021 4.

It is true that direction No.3 of the order dated 3rd February 2/3

2022 provides for the consequences if the amount is not deposited. It mentions about the cancellation of an interim bail. Amount of Rs.4,00,000/- is deposited but remaining amount of Rs.6,00,000/- is not deposited. So, let issue bailable warrant of Rs.10,000/- (Rupees Ten Thousand Only) against the Applicant returnable on th July 2024 .

[S. M. MODAK, J.] 3/3