APPR.340-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 340 OF 2010 IN CRIMINAL REVISION APPLICATION No. 229 OF 2009 Hitendra D. Shah ...Applicant Vs. Atul Bhagawatishanker & Anr. ...Respondents *** Mr. Monta Omle i/b Rajendra R. Mishra, for the Applicant. Mr. V. G. Mehta, for Respondent No.1. Mr. P. S. Hingorani, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : DECEMBER 6, 2010 P.C. 1. Heard the learned counsel for the applicant. Criminal Revision Application No. 229 of 2009 was admitted by this Court by an order dated 29-4-2009. While admitting the revision application, a further direction was given to the revision applicant to deposit an amount of Rs.3,00,000/-. A liberty was granted to the complainant to take out a separate application for withdrawal of the said amount. APPR.340-10 - 2 - 2. Pursuant to the said liberty which was granted by this Court, the present application has been filed seeking leave to withdraw the said amount. An affidavit in reply has been filed by the original applicant in which it is stated that if the applicant is directed to withdraw this amount, it would amount the execution of the order of imposing fine, which is challenged in this Court and the revision application is still pending. It is submitted that therefore, complainant may not be permitted to withdraw the said amount. It is further submitted that the original accused was acquitted in two cases by a common judgment and an appeal against the acquittal was filed by the original complainant. Alternatively, it was submitted that in the event this Court was of the view that the original complainant should be permitted to withdraw the amount, then in that event, he should be asked to give bank guarantee for the said amount or solvent surety with valuer’s report. 3. After having heard both sides, I am of the view that the applicant should be permitted to withdraw the said amount subject to conditions imposed by this Court, since the learned Single Judge who admitted the revision application has granted liberty to move an application for withdrawal of the amount and pursuant to the said liberty, he has filed this application. APPR.340-10 - 3 - 4. The original accused was convicted by the trial Court and this order of conviction was confirmed by the Sessions Court. Therefore two Courts have convicted the original accused and the revision application is pending. Taking into consideration pendency of the cases in this Court it is possible that the said revision application may remain pending for quite some time. Hence, in my view, it would appropriate if the applicant is permitted to withdraw this amount subject to the conditions as under- (i) The applicant shall give an undertaking to this Court within 2 weeks from today that he shall return the amount which may be withdrawn by him with interest at the rate of 8% per annum in the event the original accused succeeds in the criminal revision application. (ii) The original complainant/applicant herein gives a security to the satisfaction of the Additional Registrar (Judicial) of this Court. . The criminal application is disposed of in the aforesaid terms. [ V. M. KANADE J.]