Arun Narayan Tagad And Another vs The State Of Maharashtra And ...
2022 Latest Caselaw 2701 Bom

                                      1                        cran 438.22.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

             67 CRIMINAL APPLICATION NO.438 OF 2022
                               IN
             CRIMINAL WRIT PETITION NO.574 OF 2013

           ARUN NARAYAN TAGAD AND ANOTHER
                            VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                               ...
       Advocate for Applicants : Mr. Thorat Nanabhau R
            APP for Respondents: Mrs. P V Diggikar
                               ...
     CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.

Dated: March 21, 2022 ...

PER COURT :-

1. We have heard the learned counsel for the

applicants and the learned APP for the respondents/

State.

2. By order dated 1.12.2020 in Criminal Writ Petition

No.574 of 2013 this Court (Coram: T.V.Nalawade &

M.G.Sewlikar, JJ.) has allowed the writ petition fled by

the present applicants and directed the respondents to

pay an amount of Rs.50,000/- (Rupees Fifty Thousand)

to each petitioner as compensation for illegal detention.

In compliance with the said directions by

respondents/State has deposited the entire amount

aaa/-

2 cran 438.22.odt

before this Court on 14.1.2021. The applicants have

fled present application for permission to withdraw the

said amount.

3. We have requested to the learned APP on previous

date to take instructions as to whether the respondent/

State has preferred any appeal against the judgment

and order passed in Criminal Writ Petition No.574 of

2013 dated 1.12.2020. The learned APP, on instructions,

submits that, the State has not preferred any appeal.

The learned APP, thus, submits that appropriate orders

may be passed

4. In terms of the order passed by this Court on

1.12.2020 in Criminal Writ Petition No.574 of 2013, the

Respondent/Sate has deposited an amount of

Rs.1,00,000/- (Rs. One Lac) on 14.1.2021 and, since the

Respondent/State has not preferred any appeal against

the said order, the applicants before us are entitled to

withdraw the said amount.

aaa/-

3 cran 438.22.odt

5. In view of the above, criminal application is hereby

allowed in terms of prayer clause 'B'. Criminal

application is accordingly disposed off.

( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. ) ...

aaa/-