1 914 APPLN.3319.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 914 CRIMINAL APPLICATION NO. 3319 OF 2023 IN APPLN/1750/2016 Vijay S/o Rama Ingle. … Applicant Versus 1. The State of Maharashtra. 2. The Manager, State Bank of India Mondha Naka Branch, Aurangabad. 3. Sominath S/o Deorao Hiwale. … Respondents ... Advocate for Applicant : Mr. Shirish M. Kamble. APP for Respondent/State : Mr. R. S. Wani. Adv. for Respondent No.2 : Ms. Priyanka R. Dubey, h/f Mr. S. W. Munde. ... CORAM : SANJAY A. DESHMUKH, J. DATE : 12th September, 2025. Per Court: 1 This application has been filed by the applicant / informant for the following relief :- “B) The applicant is to be given permission or direction to the SBI Bank Mondha Naka Branch, Aurangabad to withdraw the amount of FD No. 35878783617.” 2 It is the contention of the applicant / informant that as per the directions of this Court given in order dated 31st March, 2016 2025:BHC-AUG:24690 2 914 APPLN.3319.2023.odt passed in Criminal Application No.1750 of 2016, an amount of Rs.9,00,000/- was deposited by respondent No.3 in the State Bank of India / respondent No.2. He further pointed out that R.C.C. No.172 of 2016 came to be decided by the judgment dated 15th March, 2019 and accused No.1 was held liable. However, accused No.2 i.e. present respondent No.3 was acquitted. Against the said judgment, Criminal Appeal No.242 of 2019 is preferred by the applicant / informant before the learned Additional Sessions Court at Vaijapur. The learned counsel for the applicant / informant therefore, submitted to allow the application and grant permission to the applicant / informant to withdraw the amount of FD No.35878783617. 3 The learned counsel for respondent No.3 strongly opposed the application and submitted that respondent No.3 is acquitted from that case and therefore, such permission cannot be granted. He lastly prayed to reject the application. 4 Perused the application and an order dated 31st March, 2016 passed by this Court in Criminal Application No.1750 of 2016, by which directions were given to present respondent No.3 to deposit an amount of Rs.1,50,000/- and the present applicant / informant / complainant was given liberty to withdraw the said amount of Rs.1,50,000/- upon furnishing bank guarantee, subject to final decision 3 914 APPLN.3319.2023.odt of the said case. Accordingly, the bank guarantee was submitted. However, the amount was not handed over to the applicant / informant. 5 Considering the fact that the appeal has been preferred against the judgment of the Trial Court, permission is granted to the applicant / informant to withdraw that amount and the direction is given to respondent No.2 / Bank of India to pay that amount alongwith accrued interest thereon. 6 It is clarified that already the bank guarantee is given by the applicant and in case of final decision of the said appeal i.e. Criminal Appeal No.242 of 2019 preferred by the applicant, the appellate court may decide whether the applicant shall retain that amount with him or give directions to deposit the same with the bank or pay it to respondent No.3. 7 It is further clarified that after the decision of said appeal, if the appellate court directs to deposit that amount, it shall be deposited in this Court. 8 It is also clarified that by an order dated 11th February, 2021 passed in Criminal Application No.2243 of 2019, the application preferred by respondent No.3 is allowed in terms of prayer clause (B). While paying that amount, the Registry is directed to consider this 4 914 APPLN.3319.2023.odt order and then pay that amount alongwith accrued interest thereon. 9 Considering the peculiar set of facts, the learned Additional Sessions Court at Gangapur / Aurangabad is directed to decide the appeal as expeditiously as possible and in any case within six months. 10 The present application stands disposed of. [ SANJAY A. DESHMUKH, J. ] nga