Pramod Shivhare vs Hariprakash Shivhare
2023 Latest Caselaw 12971 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRA No. 3544 of 2022
                                                 (PRAMOD SHIVHARE Vs HARIPRAKASH SHIVHARE)

                           Dated : 09-08-2023
                                   Shri S.K.Tiwari- Advocate for the appellant.

                                   Heard on I.A. No.6353/2022, which is an application for staying
                           operation of Para No.35 of impugned order.
                                   It is submitted that applicant has filed this appeal against acquittal of
                           respondent. Learned Appellate Court has directed that respondents is free to

withdraw the amount which was deposited by him during the pendency of the

case.

Learned counsel for the appellant submits that he has assailed the impugned order of acquittal in the present appeal and if the amount is withdrawn, then it would be very difficult to get the amount of cheque.

The Appellate Court has acquitted the accused, therefore, the amount deposited by him is directed to be released in his favour.

The initial presumption of innocence in favour of the accused is fortified by the appellate judgment wherein he was found to be not guilty. Therefore, no case is made out to retain the money deposited by the accused.

Accordingly, I.A. No.6353/2022 stands dismissed. List in due course.

(SANJEEV S KALGAONKAR) JUDGE

Avi Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 10-08-2023 09:50:20 AM

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 10-08-2023 09:50:20 AM