1 APPP-543-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 543 OF 2011 IN CRIMINAL APPLICATON NO. 1968 OF 2010 mhi Shri Vishwas Ramchandra Rathod, deceased through his L.R. Shri Subhash Ramchandra Rathod. ...... Applicant vs. The State of Maharashtra ... Respondent Shri Avinash Patil i/b. Shri Amit Sale, Advocate, for the applicant. Smt. R.V.Newton, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 20th December,2011. P.C. 1. Deceased Vishwas, who was brother of the applicant Subhash was arrested in Crme No.463/2009 under Sections 420, 403, 467, 471 read with Section 34 of IPC registered with Bund Garden Police Station, Pune. 2. It was alleged that Vishwas had defalcated amount of Rs.82,80,000/- of the complainant. Amount of Rs.74,12,000/- was recovered from him. The present applicant Subhash had deposited amount of Rs.8 lakh in fixed deposit with State Bank of India as security for the balance amount. In these circumstances, 2 APPP-543-11.sxw bail was granted to accused Vishwas by order dated 6.5.2010. Later on, said Vishwas died in a motor accident and the criminal case against him abated. Therefore, the applicant Subhash seeks permission to withdraw amount of fixed deposit from SBI. 3. As the amount was kept in fixed deposit in the name of the present applicant only as a security in the case against his deceased brother Vishwas, and as the criminal case has abated due to death of Vishwas, the security cannot remain intact. The complainant company may take appropriate steps for recovery of the amount from L.Rs. of the deceased as per law. 4. In view of the above, the applicant is allowed to withdraw the amount of the F.D.R. with interest from State Bank of India. Application stands disposed of. (J.H.BHATIA,J.)