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Bombay High Court

MEDHA MAYUR NAIKversusThe State Of Maharashtra

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of Rs.50,000 from the fine deposit subject to an undertaking to redeposit when directed.

Summary

The applicant, having deposited Rs.3 lakh as fine before the Sessions Court and undergone sentencing, filed an interim application seeking to withdraw Rs.50,000 from that deposit while a criminal revision application remains pending. The Sessions Court had earlier permitted the withdrawal of Rs.50,000. The High Court, after hearing counsel, allowed the interim application, permitting the withdrawal of Rs.50,000 on the condition that the applicant undertakes to deposit the amount again when required by the Trial Court. The order disposes of the interim application.

Issues considered

  • Whether a portion of the fine amount deposited can be withdrawn pending a criminal revision application

Subjects

  • withdrawal of fine
  • interim application
  • criminal revision
  • fine deposit
  • undertaking

Judgment

                                                                          137-IA-3993-2025 (CR).doc


                     S.S.Kilaje


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 3993 OF 2025
                                                       IN
                                  CRIMINAL REVISION APPLICATION NO. 460 OF 2022


                     Medha Mayur Naik                                         … Applicant
                     In the matter between
                     Ashish Vilas Pundlik                                     … Applicant
                      Versus
                     The State of Maharashtra & Anr.                          … Respondent
                     _________________________________________________________________
                     Ms. Surbhi Agrawal, Advocate for the Applicant.
                     Mr. Balraj Kulkarni, APP for Respondent-State.
         Digitally
         signed by
                     Mr. Divyesh K. Jain i/b. Mr. Nitin Gaware Patil, Advocate for Applicant in
         SONALI
SONALI SATISH
SATISH KILAJE        CRA/460/2022.
KILAJE Date:
       2026.01.31
         10:39:53
         +0700
                     _________________________________________________________________

                                                           CORAM      :   SHIVKUMAR DIGE, J.
                                                           DATE       :   28th JANUARY, 2026.
                     P.C. :

                     1.            By this Interim Application, the applicant seeks withdrawal of

                     Rs.50,000/- deposited by Applicant in C.R.A. No.460 of 2022 before the

                     learned Sessions Court.

                     2.            I have heard both the learned counsel. Learned counsel for

                     applicant in C.R.A. No. 460 of 2022 submits that the applicant has

                     deposited Rs.3 lakhs before the learned Sessions Court and applicant has

                     undergone sentence. His revision application is pending, hence requested



                                                       Page 1 of 2
                                                       137-IA-3993-2025 (CR).doc


S.S.Kilaje


to reject the application.

3.           I have heard both the learned counsel. Learned Sessions Court

has permitted the applicant to withdraw Rs.50,000/- out of fine amount.

4.           Considering the submissions application is allowed. Applicant

is permitted to withdraw Rs.50,000/- out of Rs.3 lakhs deposited before

learned Sessions Court on undertaking that the applicant will deposit

Rs.50,000/- as and when required before the Trial Court.

5.           Interim Application is disposed of.



                                                 (SHIVKUMAR DIGE, J.)




                                   Page 2 of 2


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