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Bombay High CourtIA/2263/2024disposed off

Ravi Shrichand Punjabi v. The State Of Maharashtra

2024-06-24Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2263 OF 2024 IN INTERIM APPLICATION NO.1722 OF 2024 IN CRIMINAL APPEAL NO.216 OF 2015 Ravi Shrichand Punjabi .....Applicant

Versus

State of Maharashtra .... Respondent ----- Mr. Umar Dalvi, Advocate i/b. Rajendra Rathod for the Applicant.

Mr. Swapnil V. Walve, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 24th JUNE, 2024 P.C. :

1.

This is an application for refund of amount of Rs.10 Lakhs deposited by the Applicant on 13.5.2024. 2.

The Application arises because of the order dated 9.5.2024 passed in I.A. No.1722/2024 in Appeal No.216/2015. The operative part of the order reads thus : "(A) Permission as sought is granted for the period from 20th May 2024 to 10th June 2024.

Deshmane(PS)

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(B) The Applicant shall submit the itinerary to the Anti Extortion Cell, Mumbai within one week from today.

(C) The Applicant shall deposit an amount of Rs.10 Lakhs in this Court within one week.

(D) The trial court shall return the passport to the applicant and applicant shall redeposit it with trial court on returning back to India."

3.

Learned counsel for the Applicant submitted that he has abided by all the conditions imposed by that order and has returned back to India. The passport is already deposited with the trial Court. He relied on Exhibit-E at page-16 showing that the original passport is received by the Registry of the Sessions Court, Greater Bombay. Therefore, he submitted that the amount of Rs.10 Lakhs deposited in this Court be returned to him.

4.

Learned APP left this matter to the discretion of the Court.

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5.

I have considered these submissions. The Applicant has returned to India and has deposited the passport before the trial Court. Therefore, he deserves refund of the amount which he had deposited in this Court for his travel abroad since he has returned back. 6.

Hence, the following order:

O R D E R

(i) The Registry of this Court shall refund the amount of Rs.10 Lakhs which he had deposited on 13.5.2024 vide D.D.No.020244, HDFC Bank, after verifying his identity.

(ii) The Application is disposed of accordingly.

(SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2024.06.27 11:29:12 +0530