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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

                                                                     Page 1 of 2
                                                        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.)




                                   Page 2 of 2


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