1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.192 OF 2008 Pathai Hirji Bhanushali & ors ..Applicants V/s. Atul Shah & ors ..Respondents Mr.Mukesh H. Ahuja, advocate, for applicant Mr.Mahendra Swar, advocate, for respondent No.1 CORAM : K.U.CHANDIWAL, J. DATE : 13TH MAY, 2008 P.C. . Heard both the advocates. Perused the record. The learned advocate for the applicant claims that total deposit insofar made by the accused/applicant is exceeding Rs.43,00,000/-. However, same is disputed by the learned advocate appearing for the original complainant pointing out that an amount of Rs.25,95,000/- was given to the complainant during the trial and an amount of Rs.5,00,000/- was deposited on 13th August, 2007. Thus, according 2 to him, it is only Rs.30,00,000/- which is recovered from the accused/applicant. The bail is statuory right of the accused/applicant. It has also shown having paid nearly an amount of Rs.11,40,000/- to the complainant prior to the complaint towards interest or damages. This aspect also requires consideration. The learned II Ad-hoc Additional Sessions Judge has confirmed the Judgment of learned M.M 6th Court , Mazgaon, Mumbai dated 15th June, 2007 vide his Judgment which was dated 29th April, 2008, awarding compensation of Rs.15,00,000/- ID to suffer S.I for one month each. In the set of above facts, the earlier discussion about deposit made by the accused/applicant, following order is passed. (i) The accused/applicant be released on his surety and P.R. Bond in the sum of Rs.10,000/- (Rs.Ten Thousand). (ii) Cash bail in lieu of regular bail for three months is allowed. (iii) The accused/applicant to deposit an amount of Rs.5,00,000/- in this Court upto 5th June, 2008. (iv) On such deposit, the accused/applicant is entitled to make an application and get the amount. (v) Parties to act upon an authenticated copy of this order, 3 (K.U.CHANDIWAL, J.)