109appln26.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 26/09 in Criminal Writ Petition No. 266 of 1999 (D) (Balkrishna s/o. Yeshwanta Muneshwar .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and S.R.Dongaonkar, JJ. Date : 10/09/2009. Heard Mr. K. S. Narwade, Adv. for applicant, Mr.A.M.Deshpande, Additional Public Prosecutor for Respondents and Mr.C.S.Kaptan, Special P. P. for C. B. I. Criminal Application No. 26 of 2009 is moved by the applicant for withdrawal of Rs.1,50,000/- deposited in this Court towards the amount of compensation for custodial death of son of the applicant. Counsel for the applicant has brought to our notice that, vide order dt. 1.2.2006 passed by this Court whereby, out of the compensation of Rs.2,00,000/- awarded by this Court, which was deposited in the fixed deposit, the applicant was permitted to 109appln26.09.odt 2 . withdraw Rs. 50,000/- and as far as the remaining amount of Rs1,50,000/- is concerned, the Additional Registrar was directed to renew the said fixed deposit. Counsel for the applicant states that, by the present application, the applicant is seeking withdrawal of the amount of Rs.1,50,000/-. The Additional Public Prosecutor does not dispute the factual aspect of the matter. In the backdrop of the above referred facts, since the amount of Rs.2,00,000/- was deposited by the State for the purpose of payment of compensation in view of custodial death of son of the applicant, we see no reason not to permit the applicant to withdraw the amount of Rs.1,50,000/-. The request is also not objected by the other side. In the circumstances, the applicant is entitled to withdraw the said amount of Rs.1,50,000/- along with interest, if any and the Registrar (Judicial) is directed to take appropriate steps in this regard accordingly. The Criminal Application is allowed in the above terms. JUDGE JUDGE jais