1 (Crim Appln 382 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.382 OF 2010 IN CRIMINAL WRIT PETITION NO.324 OF 2008 Shubha Milind Desai ...Applicant vs. The State of Maharashtra and Anr. ...Respondents ----- Mr.Nitin Pradhan, Senior Counsel i/b. Ms.Subhada Khot for Applicant Mr.A.S. Shitole APP for State Mr.Sachin Chandrana ad Ms. Pranika Bhatia i/b. M/s. Manilal Kher Ambalal & Co. for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 12TH OCTOBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the learned Counsel for the Respondent No.2. 2. This application is filed seeking a direction to permit the Applicant to withdraw an amount of Rs.5,05,800/- from the saving bank account of the Applicant from ABN Amro Bank, Pune which is now known 2 (Crim Appln 382 of 2010) as RBS Royal Bank of Scotland. The Applicant's bank account was frozen by the officers attached to GB,CB, CID, EOW, Mumbai in C.R. No. 27 of 2005. At that time an amount of Rs.10,44,036.25 was the credit balance in the said bank account. A criminal case was filed against the husband of the Applicant, who is the principal accused in the said case and the chargesheet has also been filed. It is now submitted that the Applicant's daughter has secured admission in the M.B.B.S. Course and an amount of Rs.5,05,800/- has to be paid for the said M.B.B.S. Course towards examination and tuition fee for the first year. It is submitted that the Applicant is willing to furnish an appropriate surety after withdrawing the said amount. The Applicant has annexed the copy of the statement of the marks and the select list and also the notice issued by the college asking the students to pay the tuition fee and examination fee for the academic year 2010-2011. 3. The learned counsel for the Respondent No.2 has filed affidavit in reply and vehemently opposed the said request. It is submitted that the husband of the Applicant is an habitual offender and several cases are pending against him. 3 (Crim Appln 382 of 2010) 4. In my view, taking into consideration the peculiar facts and circumstances of the case, in order to ensure that the Applicant's daughter does not loose her admission in the medical college, it would be appropriate if the Applicant is permitted to pay the fee to her college upon furnishing adequate surety for the said amount. The Applicant shall also make an attempt to deposit the said amount during the course of the year. The Applicant shall furnish a solvent surety for the said amount to the satisfaction of the Trial Court within a period of four weeks from today. The amount which is to be paid as examination and tuition fee shall be paid directly in favour of Smt.Kashibai Navale Medical College & General Hospital, Narhe, Pune-41. The Respondent No.2 shall issue a demand draft in favour of the Bank and thereafter, the Applicant shall produce the acknowledgment from the said college and deposit a copy of the same in the Trial Court and furnish the copy to the bank. 5. Application is, accordingly, disposed of. (V.M. KANADE J.)