Bombay High Court
State Of Mah. Thr. Pso Akola Old ... vs Vivek Prakash Ingle And 7 Others on 28 February, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 1 appa122.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.122 OF 2022 IN
CRIMINAL APPEAL NO. 470 OF 20 20 (D)
State of Maharashtra
Vs.
Vivek Prakash Ingle and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri A.S. Thotange, Advocate for applicant.
Shri M.K. Pathan, APP for State.
CORAM : V.M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 28th FEBRUARY, 2022.
This is an application moved by Archana w/o
Sunil Dhopekar for seeking permission to withdraw the
amount.
2. Criminal Appeal No.470 of 2020 was filed before
this Court by the State challenging the judgment and order
of acquittal passed by the learned Additional Sessions Judge-
IV, Akola in Sessions Trial No.35 of 2015. After hearing the
learned Additional Public Prosecutor for the State and the
learned counsel for the respondent/accused, this Court
(Coram: Z.A. Haq and Amit B. Borkar, JJ.) partly allowed
the appeal on 16.02.2021. It would be useful to reproduce
the directions No.(iii) and (iv) in the judgment as under:
"(iii) The respondent no. 1- Vivek Prakash Ingle,
2 1 appa122.22.odt
respondent no.2- Satish Gulabrao Khandare,
respondent no. 3- Sagar Ramrao Uparwat,
respondent no.4- Nitesh Gulabrao Khandare,
respondent no.5- Kunal Shivcharan Tayade,
respondent no.6- Akshay Mohan Ghuge and
respondent no.7-Shubham Sheshrao Khandare are
found guilty of having committed the offence
punishable under Section 302 of the Indian Penal
Code and are directed to suffer sentence of
rigorous imprisonment for life and fine of
₹80,000/- (Rs. Eighty Thousand) each to be
deposited till 15.05.2021.
(iv) On deposit of the amount, ₹5,00,000/- (Rs.
Five Lakhs) be paid to the dependents of the
victim and remaining amount of ₹60,000/- (Rs.
Sixty Thousand) shall be paid to State of
Maharashtra."
3. Learned counsel for Archana argued before this
Court today that Archana is the wife of the victim and
therefore she is entitled to withdraw the amount of fine as
directed by this Court on 16.02.2021.
4. It has to be mentioned here that while partly
allowing the appeal this Court has observed that all
dependents of the victim will be entitled to receive the
amount. It is not stated as to whether Archana is only
dependent of the victim. Apart from that, it is the submission
of the learned counsel for Archana before this Court that
respondents in Criminal Appeal, who were convicted they
approached before the Hon'ble Apex Court and Hon'ble
3 1 appa122.22.odt
Apex Court has granted suspension of sentence and the
Criminal Appeal before the Hon'ble Apex Court is pending.
5. If that be so, in our view, the present application
is premature and at this stage, the widow will not be entitled
to receive the amount. Resultantly, the criminal application
is rejected.
JUDGE JUDGE
Wagh
Signed By:SURESH RAOSAHEB
WAGH
Personal Assistant
to the Hon'ble Judge
Signing Date:28.02.2022 18:14
