IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Modification Application MCC No.833 of 2011 In Criminal Writ Petition No.1089 of 2010 Shamil Hassan S/o Maharddin R/o Nababgarh Vikas Nagar, P.S. Vikas Nagar, District Dehradun ….…..Petitioner Versus State of Uttarakhand through Secretary Forest Department, Dehradun ……Respondent Mr. Tapan Singh, Advocate holding brief of Mr. Lok Pal Singh, Advocate present for the petitioner Mr. Hari Om Bhakuni, Brief Holder, present for the State Hon’ble Prafulla C. Pant, J. This is Modification Application MCC No.833 of 2011, moved on behalf of the petitioner, seeking modification in the order dated 22.9.2011 passed by this Court to the extent directing the refund of ` One Lac, deposited as a condition precedent for release of the vehicle, shall be made after the trial is over. Heard. Learned counsel for the petitioner submitted that petitioner has deposited ` One Lac in compliance of order dated 27.12.2010 and the vehicle has been released. However, since this Court has directed in its order dated 22.9.2011, while dismissing the petition as infructuous, that the 2 amount of security shall be refunded only after conclusion of the trial, the petitioner would suffer loss of interest in the deposit. In the above circumstances, it is prayed by learned counsel for the petitioner that the petitioner be permitted to deposit fixed deposit receipt of ` One Lac, and on such deposit, ` One Lac cash deposited may be given back to the petitioner. The prayer made in the petition is bonafide and same is accepted. The order dated 22.9.2011 is modified to the above extent that on petitioner’s depositing fixed deposit receipt of ` One Lac with the court, the cash amount shall be refunded to him. (Modification Application MCC No.833 of 2011 stands disposed of). (Prafulla C. Pant, J.) 15.12 11 .20 Rajni