Criminal Application to withdraw Rs. 2 lakh deposited as security for suspended sentence. Application allowed upon filing of undertaking to reimburse if the revision outcome is adverse.
Withdrawal of deposited Rs. 2 lakh along with accrued interest, subject to filing of undertaking within four weeks.
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9-appr118-2019.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.118 OF 2019
IN
CRIMINAL REVISION APPLICATION NO.47 OF 2004
K. Vrushali…Applicant
V/s.
Vasant Sonu Mhatre & Anr.…Respondents
Mr. Prathamesh Avinash Gokhale for the applicant in
APPR/118/2019.
Mr. A.R. Patil, APP for the State.
Mr. Viraj Shelatkar i/by Mr. Ganesh Gole for applicant
in revision application & respondent in APPR/
118/2019.
CORAM: AMIT BORKAR, J.
DATE: OCTOBER 4, 2022
P.C.:
1.The application is by the complainant/original respondent
no.2. The revision application filed by the accused has been
admitted. The sentence has been suspended, subject to deposit of
an amount of Rs. 2 lakh. Accordingly, the accused has deposited an
amount of Rs. 2 lakh with this Court. The complainant has,
therefore, filed present application seeking withdrawal of the
amount of Rs. 2 lakh.
2.In that view of the matter, the application deserves to be
allowed, subject to the applicant filing an undertaking that in case
1
9-appr118-2019.doc
the decision in the present revision application is adverse to the
present applicant, he will reimburse the entire amount to the
accused.
3. Subject to the filing of undertaking within four (4) weeks from today, the applicant is permitted to withdraw the amount of Rs. 2 lakh along with accrued interest.
4. The criminal application stands disposed of. No costs.
Digitally signed ATULGANESHKULKARNI by ATULGANESHKULKARNIDate:2022.10.06 10:58:49 +0530
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether the complainant was entitled to withdraw the suspended sentence deposit amount.
K. Vrushali
Vasant Sonu Mhatre
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court