Bombay High Court
VITTHAL SOPAN KATAKEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The interim application is allowed, permitting the applicant to withdraw the deposited amount with interest, subject to an undertaking to redeposit if required by the trial court.
Summary
The applicant filed an interim application seeking the withdrawal of the amount deposited by the respondent in a pending revision application before the High Court. The applicant argued that the deposit should be returned with interest, subject to an undertaking to redeposit if the trial court required. The court considered the submissions of counsel for both parties and the reasons set out in the application. It held that there was no impediment to allowing the withdrawal and that the applicant could retrieve the deposit with any accrued interest. The order permitted the withdrawal on the condition that the applicant would redeposit the amount before the trial court if directed, and the interim application was thereafter disposed.
Issues considered
- What is the appropriate order regarding the withdrawal of the amount deposited by the respondent in the revision application?
Subjects
- interim application
- withdrawal of deposit
- revision
- criminal appellate jurisdiction
- court order
Judgment
39-IA-1476-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1476 OF 2025
IN
REVISION APPLICATION (STAMP) NO. 7234 OF 2021
Vitthal Sopan Katake ...Applicant
IN THE MATTER BETWEEN
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
Deepak Automobiles … Applicant
2026.08.21
KILAJE 18:29:03
+0530 VERSUS
The State Of Maharashtra And Anr. ...Respondents
_________________________________________________________________
Advocate Jai Patil i/b. Mr. Sumant Deshpande, for Applicant.
Mr. B. B. Kulkarni, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 20th AUGUST, 2026.
P.C. :
1. By this Interim Application, the applicant is seeking withdrawal
of the amount deposited by the respondent (i.e. applicant in Revision
Application) before this Court.
2. Considering the submission of learned counsel for the applicant
and reasons mentioned in the application, I pass following order.
ORDER
(i) The Interim Application is allowed.
(ii) The applicant is permitted to withdraw the amount
deposited by the respondent with interest, if any, on
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39-IA-1476-2025 (CR).doc
S.S.Kilaje
undertaking that the applicant shall deposit the said
amount before the Trial Court, if required.
3. Interim Application is disposed of.
(SHIVKUMAR DIGE, J.)
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