RAJBIR KHATRI Vs. STATE OF C.G.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, heard finally.

(2.) This CRMP is filed by the petitioners praying for direction to the trial Court to return the amount of Rs.49,000.00 paid by the petitioners before the learned 1st Additional Sessions Judge (FTC), Bemetara in Sessions Trial No. 40/2020.

(3.) The brief facts of the case is that the petitioners have filed the criminal Appeal No. 660/2023 & CRA No.746/2023 against the judgment dtd. 2/4/2022 passed by the learned 1st Additional Session Judge (FTC), Bemetara in Session Trial No.40/2020. The criminal appeal filed by the petitioners has been allowed by this Hon'ble Court vide order dtd. 2/3/2023 and all the petitioners stand acquitted from all the charges. After that the petitioners had moved an application before the learned trial Court for release of the fine amount of total Rs.49,000.00 deposited before the Court below, whereby the learned trial Court has rejected the application by holding that this Hon'ble Court has not directed to return the fine amount to the petitioners and dismissed the application of the petitioners. The petitioners herein praying for the modification of order dtd. 2/3/2023 passed in CRA No.660/2022 & CRA No.746/2022 only with extent to release the fine amount to the present petitioners.