Changdeo S/O. Nivrutti Dahiphale vs The State Of Maharashtra
2022 Latest Caselaw 8264 Bom

                                                                     939-ABA2768.22
                                           (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.2768 OF 2022
                            IN ABA/1360/2018

                     CHANGDEO S/O. NIVRUTTI DAHIPHALE
                                  VERSUS
                        THE STATE OF MAHARASHTRA

 Mr. V. C. Patil, Advocate h/f. Mr U. B. Bondar, Advocate for applicant;
 Ms. V. S. Choudhari, A.P.P. for respondent/State

                                         CORAM : S. G. MEHARE, J.

DATE : 23rd August, 2022

P.C.

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent.

3. The learned A.P.P. waives service of notice for the

respondent/State.

4. By this application, the applicant seeks refund of amount of

Rs.65,000/- deposited by the applicant as per the order of this Court

dated 19.12.2018 passed in Anticipatory Bail Application No.1360 of

2018.

5. It has been vehemently argued by the learned counsel for the

applicant that the trial of the applicant has been completed and the

939-ABA2768.22

learned Additional Sessions Judge, Ahmedpur, District Latur, has

acquitted the applicant. Therefore, the applicant is entitled to get the

said amount refunded.

6. The applicant has placed on record the copy of the Judgment

and order dated 05.07.2022, rendered by the learned Additional

Sessions Judge, Ahmedpur, District Latur, in Special Case (MSEB)

No.1 of 2019, whereby he has been acquitted. The amount of

Rs.65,000/- was deposited as a condition for grant of anticipatory

bail. The said amount is still lying with this Court. Since the

applicant has been acquitted, no purpose would be served by keeping

the said amount with the Court. Therefore, the Registry is directed

to refund the amount of Rs.65,000/- to the applicant, deposited by

him as per the order of this Court as mentioned above, with interest,

if that amount is invested in the fixed deposit, within two weeks from

today.

7. The application is allowed in above terms.

(S. G. MEHARE, J.)

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