Shivaji S/O. Chintamanrao Jamkar vs Govind S/O. Rambilas Biyani
2023 Latest Caselaw 6501 Bom

                                                                   901-appln-490-2020.odt
                                        (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.490 OF 2020
                            IN REVN/153/2019

                  SHIVAJI S/O. CHINTAMANRAO JAMKAR
                                 VERSUS
                      GOVIND S/O. RAMBILAS BIYANI
                                     ...
                  Advocate for Applicant : Mr. M.P. Gandle
            Advocate for Respondent : Mr. Sayyed Tauseef Yaseen
                                     ...
                                        CORAM : S.G. MEHARE, J.

                                        DATED : JULY 07, 2023

 PER COURT:-

 1.               Heard the respective counsels.

 2.               The applicant is praying to allow him to withdraw the

 amount as it is towards legally enforceable debt.

 3.               Learned counsel for the respondent/accused opposed the

 application contending that the legal issues are yet to be decided.

 4.               There are two concurrent judgments against the

 respondent/accused holding him guilty and he was liable to pay the

 legally enforceable debt. The amount is unnecessary lying with the

 Courts. Hence, the following order :

                                    ORDER

 i)       The application is allowed.

 ii)      The applicant is allowed to withdraw the amount of

Rs.1,87,000/- lying with this Court and Rs.1,87,000/- deposited with

901-appln-490-2020.odt

the learned Additional Sessions Judge, Beed, on the undertaking to

deposit the said amount within 15 days if the judgment is reversed.

iii) List the criminal revision on 24.08.2023.

(S.G. MEHARE, J.)

Mujaheed//