1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO: 41 /2010 in CRIMINAL APPEALNO. 312/2007 (d) [Martand s/o Purushottam Parse vs. Kishor G.Rotey) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A A Kathane Adv.for applicant/applicant Mr Deshpande, Adv. for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 14, 2010. Heard. 2. Learned Advocate for applicant/appellant (original accused) submitted that the accused could not arrange for funds due to ill-health of family members and though willing could not pay the amount of Rs.1,09,000/- as ordered by this Court earlier than today till he is arrested pursuant to the judgment and order for failure to arrange the funds. 3. Learned Advocate on behalf of accused/applicant prays that the applicant/accused be released since the entire amount which was required to be paid, is already paid. 4. Learned Advocate for Respondent has no objection as the complainant do not want to insist upon incarceration of the accused, having regard to the nature of the offence as observed by this Court in Para No.18 of 2 the judgment and order in Criminal Appeal No. 312/2007 decided on 18.09.2009. 5. That being so, the application is allowed. The applicant be released he if he has already paid the amount of Rs.1,09,000/- in compliance with the judgment and order dated 18.9.2009 passed by this Court. 6. Learned Advocate for the complainant prays for withdrawal of the amount deposited by the appellant/accused. The complainant shall be allowed to withdraw the amount from the Court in which the amount is deposited. Humdast allowed. JUDGE sahare