IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 10 OF 2008 CRIMINAL APPLICATION NO. 10 OF 2008 CRIMINAL APPLICATION NO. 10 OF 2008 IN CRIMINAL APPOEAL NO. 1021 OF 2006 Dharmesh Janak Turakhia .... Applicant versus The State of Maharashtra ...... Respondent. Shri Shriram Shirsat for the applicant. Shri A.S.Shitole APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 23RD JANUARY, 2008 DATED; 23RD JANUARY, 2008 DATED; 23RD JANUARY, 2008 P.C.; P.C.; P.C.; 1. The applicant is the owner of a shop. An offence of house trespass and dacoity by use of deadly weapon was committed and the accused persons came to be prosecuted under sections 452, 395 read with 397 of IPC, so also provisions of the Indian Arms Act. 2. The prosecution ended in the conviction. The accused did not claim the cash whereas the present applicant did claim the same to be his. In para 9 of the judgment, the Additional Sessions Judge directed the muddemal articles including the cash to be returned to the complainant/applicant herein. Pursuant to the said direction, it is the case of the applicant that he moved an application for withdrawal of the amount. But by the time, the application came up for consideration, an appeal was filed in this court by one of the accused. Hence the applicant was informed to move an appropriate application for withdrawal of the amount in this court. In view of the facts and circumstances set out hereinabove, there is no reason to refuse permission to the applicant to withdraw the amount. Hence allowing he application No.10/08 I direct that the property mentioned in paragraph 9 of the operative part of the judgment and order passed by the Additional Sessions judge dated 30th June 2006, be returned to the applicant subject to the applicant filing an undertaking that as and when directed, he shall return the said amount of RPS.2,17,000/-. The applicant shall also execute a bond to that effect. Application stands disposed of. ....