appp-654-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 654 of 2008 IN CRIMINAL BAIL APPLICATION No. 3571 of 2007 Somnath Yashwant Akale .. .. Applicant. (Original Complainant) vs. Sanjay Jaysing Sarnaik and another .. .. Respondents. (Respondent No.1/Orig.Accused) Mr P. J. sarda i/by V.V.Purwant for the Applicant. Mrs A. S. Pai, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard learned Advocate for the applicant-original complainant and the learned A.P.P.for the State. Perused the application and material available on record. 2. Present application is for withdrawal of the amount of Rs.7 lakh deposited by Respondent No.1 in this Court vide the orders passed by the earlier appp-654-08 Benches directing Respondent No.1 to deposit the amount of Rs.7 lakh in the Court. Apparently, such conditional order was passed firstly on 2.11.2007 by another Bench (Shri V.C. Daga,J) asking the present respondent No.1, then applicant, in Criminal Application No. 3571/2007 (for anticipatory bail). However, the amount was not paid but the interim protection continued, as, apparently, the learned A.P.P.made a statement that for a period of one week no action will be taken and after expiry of one week said assurance was to come to an end automatically. 3. Thereafter, the matter reached before various other Benches and ultimately on 23.9.2008 another Bench passed an order (Smt V.K.Tahilramani,J) which reads as under: “1. Pursuant to the order dated 2nd November, 2007 the applicant has deposited an amount of Rs.7 lakh before this Court. No further orders are necessary. 2. Criminal Application is disposed of.” 4. The above order was passed in same Anticipatory Bail Application No. 3571/2007. Apparently, till that time there was only protection from the arrest. However, there was no specific order granting anticipatory bail. 5. Prior to the above referred order, there was another order dated 3.7.2008 passed by the another Bench (V.C.Daga,J) which reads thus: “Since the charge sheet has already been filed it is open for the Applicant to file Regular Bail Application before Regular appp-654-08 Court within one week from today. The order dated 13.6.2008 would continue till then.” 6. Considering the above order and considering the factual position, it appears that present Respondent no.1 had deposited an amount of Rs.7 lakh with the office of this Court and apparently the said amount is still lying without there being any specific direction as to the final result of the said amount i.e.to say to whom said amount shall go. 7. Apparently, the present applicant original complainant cannot claim that amount at least at this stage when the offences charged against Respondent No.1 are yet to be put to trial. Another circumstance brought to the notice of this Court by learned Advocate for the applicant that Respondent No.1 is presently absconding and not available. Applicant is at liberty to take appropriate recourse as available under the law. However, still, at this juncture, applicant cannot claim said Rs.7 lakh lying with the office of this Court and hence there is nothing to allow the prayer in the present application and accordingly same is rejected and disposed of. Office to take appropriate action, regarding disposal of the said amount of Rs.7 lakh deposited, in view of the above order. (A.R.JOSHI,J) LRS-PA