Sanjay Shankar Sakhare vs Rajesh Devraj Vora And Anr
2022 Latest Caselaw 9433 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.2953 OF 2022
                                                            IN
                                       CRIMINAL REVISION APPLICATION NO.101 OF 2018

                               Sanjay Shankar Sakhare                                   Applicant
                                     versus
                               Rajesh Devraj Vora and another                           Respondents

                               Mr.Prakash Sutar, Advocate for applicant in Revision Application.
                               Mr.S.R.Agarkar, APP, for State.
                               Ms.Kamini M. Yadav, Advocate for applicant in I.A and for
                               respondent in Revision Application.

                                                        CORAM :        PRAKASH D. NAIK, J.

                                                        DATE      :    19th September 2022
                               PC :


                               1.     This Interim Application is preferred by original complainant
                               for withdrawal of amount deposited by revision applicant.


                               2.     The revision application has been preferred challenging
                               judgment of conviction passed by the Court of learned Metropolitan
                               Magistrate and confirmed by Sessions Court.          The sentence of
                               imprisonment has been suspended by this Court and revision
                               application has been admitted.


                               3.     Learned advocate for applicant-complainant submitted that

MANISH   Digitally signed by
         MANISH SURESH
                               revision applicant has deposited Rs.3 lakh before Trial Court and
SURESH   THATTE

THATTE
         Date: 2022.09.21
         11:20:41 +0530        Rs.1 lakh before this Court.       Photographs of receipts regarding
                               deposit of amount of Rs.1 lakh, Rs.2 lakh and Rs.1 lakh respectively
                               are annexed to this application.
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4.      Learned   advocate    for    revision   applicant   submits          on
instructions that the applicant has no objection for withdrawal of the
amount by the complainant.


                                ORDER

(i) Interim Application is allowed and disposed of;

(ii) The applicant-complainant is allowed to withdraw the amount of Rs.1,00,000/- and Rs.2,00,000/- deposited before the Court of learned Metropolitan Magistrate (Trial Court) and Rs.1,00,000/- deposited in this Court;

(iii) The withdrawal of amount shall be subject to outcome of revision application. In the event judgment of conviction is reversed in the revision application, the applicant-complainant shall deposit the amount in this Court;

(iv) The revision applicant shall co-operate with applicant for withdrawal of the amount by handing over receipts of deposit to the complainant.

(PRAKASH D. NAIK, J.) MST