Bombay High Court
Jayesh S/O. Mansukhlal Parekh vs The State Of Maharashtra on 5 August, 2021
Bench: Prakash Deu Naik
Ethape 1 6.APPP.1040.19 with BA.2674.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1040 OF 2019
IN
BAIL APPLICATION NO.2674 OF 2018
Jayesh Mansukhlal Parekh .. Applicant
Vs.
The State Of Maharashtra .. Respondent
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Mr. Shrikant Rathi i/b Gulab Yadav, Advocate for Applicant.
Mr. S. R. Agarkar, A.P.P. for the State-Respondent.
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Digitally signed
by
CORAM : PRAKASH D. NAIK, J.
DATE : 5th AUGUST, 2021
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2021.08.06
12:34:20 +0530
PC.
1. This is an application for withdrawal of the amount of Rs.
50 lakhs deposited in this Court in accordance with order dated
21.11.2018. The receipt of deposit of amount has been annexed
to this application. Subsequently application for bail was
rejected vide order dated 18.01.2019. It is submitted that the
applicant was granted bail by the Supreme Court.
2. Learned counsel for the applicant submitted that while
rejecting the application for bail, liberty was granted to the
applicant to prefer application for withdrawal of amount
deposited in this Court. It is submitted that there were two
Ethape 2 6.APPP.1040.19 with BA.2674.18
applications for bail which were rejected vide order dated
18.01.2019. In respect to the other application for bail viz. Bail
Application No.2675 of 2018, the applicant had preferred
Criminal Application 1041 of 2019 wherein prayer was made for
withdrawal of amount of Rs.20 lakhs deposited in this Court.
The said application was allowed vide order dated 22.11.2019
by permitting applicant to withdraw the amount of Rs.20 lakhs
deposited in connection with Bail Application No.2675 of 2018.
The copy of order dated 22.11.2019 and the order dated
07.01.2020 for speaking to minutes of order dated 22.11.2019
are placed for consideration.
3. Learned APP submitted that the trial has proceeded and
the case is due for delivering judgment.
4. In view of the liberty granted to the applicant vide order
dated 18.01.2018 and also considering the fact that in the
connected application i.e. Criminal Application No. 1041 of
2019 in Bail Application No.2675 of 2018, applicant was
permitted to withdraw the deposited amount, present
application deserves to be allowed.
Ethape 3 6.APPP.1040.19 with BA.2674.18
ORDER
(i) Criminal Application No.1040 of 2019 is allowed.
(ii) The applicant is permitted to withdraw the amount of
Rs.50 lakhs deposited in this Court in connection with
Bail Application No.2674 of 2018.
(iii) Application stands disposed of.
(PRAKASH D. NAIK, J.)
