Mahendrapratap Baburam Gupta vs Ashok Singh Hanumanta Singh And ...
2021 Latest Caselaw 2249 Bom

osk                                                  37-APPR-452-2019 in Revn-ST-92-2018.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

             CRIMINAL APPLICATION (APPR) NO. 452 OF 2019
                                 IN
          CRIMINAL REVISION APPLICATION (ST.) NO. 92 OF 2018

Mahendrapratap Baburam Gupta                                ... Applicant
     V/s.
Ashok Singh Hanumanta Singh & Anr.                          ... Respondents


Ms.Sadhana Singh for Applicant/original complainant.
Mr.Mahesh Tiwari for Respondent No.1.
Mr.Amit Palkar, A.P.P. for Respondent No.2-State.



                                      CORAM : A.S. GADKARI, J.

DATE : 3rd February 2021.

P.C. :

This is an application filed by the original complainant for

withdrawal of the amount deposited by the Revision Applicant/accused in the

Registry of this Court.

2. Record indicates that, the applicant had earlier deposited a sum

of Rs.50,000/- before the Trial Court and in pursuance of Order dated 12 th

February 2018 has deposited a further sum of Rs.3,50,000/- in the Registry of

this Court. Thus, the applicant has deposited in total Rs.4,00,000/- in the Trial

Court and this Court.

osk 37-APPR-452-2019 in Revn-ST-92-2018.odt

3. The applicant/original complainant is permitted to withdraw the

said amount from the Registry of the Trial Court as well as this Court, subject

to furnishing usual undertaking and incorporating a specific clause that, in

case the Revision Applicant succeeds in the Revision, the applicant/original

complainant will bring back the entire amount for its payment to the Revision

Applicant (Accused) with interest at the bank rate, as may be fixed by the

Reserve Bank of India prevailing at the beginning of the relevant financial

year, within 60 days from the date of pronouncement of the Judgment by this

Court or within such stipulated period as may be directed by this Court.

4. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Date:

Kumbhakarn 2021.02.05 14:28:14 +0530