3crn82-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.82 OF 2010 IN CRIMINAL APPLICATION NO.1622 OF 2008 Dr.Abhijit Kamalakar Kapote and another. ..Applicants. Vs. The State of Maharashtra ..Respondent. .... Mrs.S.A. Dhamale, Advocate for the applicants. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH JULY, 2010 P.C. 1. Heard learned Advocate Mrs.Dhamale for the applicants in this application for return of the deposit amount. 2. It is rather a peculiar application preferred by both the applicants who are son and daughter of one Smt.Asha Kamalakar Kapote. Said Smt.Asha Kamalakar Kapote was 3crn82-10 2 facing charges punishable under Sections 403, 407 read with Section 34 of Indian Penal Code for alleged defalcation of the amount totaling Rs.15 lakhs and odd. The allegations against the said accused are that in association with other co-accused, totally 39 persons, the funds of one co-operative credit society were misused and various loans were disbursed to the relatives without obtaining proper security documents. 3. Apparently in the anticipatory bail application preferred by the said accused Smt.Asha Kamalakar Kapote in Criminal Application No.1622 of 2008, the then Bench ( Coram:V.C. Daga,J.) passed the following order : ". The learned Counsel for the applicants undertakes to deposit Rs.50,000/- by next date of hearing. The statement made is taken on record. . Matter to come up on board with all connected matters on 9th July, 2008. . Interim relief to continue till then." 4. Shelter of the above order is taken by the present applicants for preferring the present application for withdrawal of the said amount of Rs.50,000/-, being the heirs 3crn82-10 3 of the said original accused Smt.Asha Kamalakar Kapote. The said Smt.Asha Kamalakar Kapote had died during pendency of the said criminal case and she died on 19.10.2009 thereby apparently the criminal case stood abated as against the said original accused Smt.Asha Kamalakar Kapote. 5. At this juncture, it cannot be ascertained whether said amount of Rs.50,000/- which was directed to be deposited with the Investigating Officer was to be disposed of in what manner, at the time of conclusion of the said criminal case. When query is made with the learned Advocate for the applicants, she is unable to explain as to what would be the outcome of the said amount. However, she further expressed that she may ask for the speaking to the minutes of the said order. 6. In view of the above, present application is disposed of. Applicants are at liberty to take any measure available to them according to law. (A.R.JOSHI,J.)