1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.80/2009 Ravindra Kumar Agarwal vs. State of Raj. & Anr. Date of Order: 21.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. V.V.Harit for the petitioner Miss. Manju Dave, P.P. The learned Sessions Judge, Jaipur District Jaipur by the order dated 17.11.2008 while deciding the bail application of the petitioner, who is facing allegation under Section 420 IPC, on the basis of the consent of the counsel for the petitioner, has imposed a condition to deposit Rs.7,00,000/-. The learned Sessions Judge has also ordered that the amount be deposited in FDR in any Nationalized Bank and the amount so deposited by the petitioner shall be disbursed to the person found entitled after conclusion of the trial. Being aggrieved of the order of the learned Sessions Judge regarding disbursement of the amount, this misc. petition under Section 482 Cr.P.C. has been filed by the petitioner. The order reveals that with the consent of the petitioner for enlargement 2 on bail a condition of depositing Rs.7,00,000/- cash has been imposed by the learned Sessions Judge and for the disbursement of this amount it has been directed that after conclusion of the trial, the amount will be disbursed to the person who is found entitled to get this amount. Heard learned counsel for the petitioner and the learned P.P. Learned counsel for the petitioner has submitted that a civil suit is pending between the parties regarding the dispute and therefore, if any amount is deposited by the petitioner in regard to the same dispute, the criminal court has no jurisdiction to decide the dispute regarding disbursement of the amount. It is true that when a civil suit is pending between the parties regarding the same dispute and if any amount is deposited in relation to the dispute then the criminal court has got no jurisdiction to decide the question as to which party is entitled to receive the amount. Therefore, I am of the view that the learned Sessions Judge while deciding the bail application should not have passed orders for the disbursement of the amount and such direction deserves to be deleted. Consequently, the direction of the learned 3 Sessions Judge in the order dated 17.11.2008 regarding disbursement of the amount of Rs.7,00,000/- so deposited by the petitioner is deleted and it is directed that the amount so deposited by the petitioner in compliance of the order dated 17.11.2008 will be disbursed after conclusion of the civil suit pending between the parties and the civil court will decide this question as to which party is entitled to receive this amount. The misc. petition stands disposed of as indicated hereinabove. BHANWAROO KHAN,J. bairwa