VINIT SURESHKUMAR TAYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has filed the present application for withdrawal of the amount of Rs.10.00 Lakhs deposited by the accused as per the order dtd. 15/11/2017 passed in Criminal Application No. 5648 of 2017.

(2.) The learned counsel for the applicant submits that this court vide order dtd. 15/11/2017 has recorded that the respondent No.2/accused is ready to deposit 50% of the amount of Rs.20.00 Lakhs, which is due from him as alleged in the FIR, without prejudice to the contention of the accused that he is innocent and has been falsely implicated in the case.

(3.) The learned counsel for the applicant further submits that upon deposit of Rs.10.00 Lakhs by the accused in Criminal Application No. 5648 of 2017, the respondent No.2/accused Thirumoorthy was granted anticipatory bail vide order dtd. 9/1/2018. The applicant, therefore, prays that the said amount of Rs.10.00 Lakhs is lying with this court and the applicant who is the first informant in Crime No. 442 of 2017 may be allowed to withdraw the said amount, as the applicant is ready to give bank guarantee of the said amount, if the applicant is allowed to withdraw the said amount.