Advocates:
['G T RAMTEKE', 'N G GAIKWAD', 'Y G RAMTEKE', '']

1 ca423.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPP) NO. 423 OF 2021

IN

CRIMINAL APPLICATION (ABA) NO. 751 OF 2020

( Pramod Shankar Dongre ..vs.. State of Maharashtra, through PSO, MIDC, Nagpur )

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Office Notes, Office Memoranda of Coram,

Court'

s or Judge'

s orders

appearances, Court'

s orders of directions

and Registrar'

s orders

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Mr. G.T. Ramteke, Counsel for the applicant,

Mrs. Kalyani Deshpande, Addl.P.P. for the non-applicant/State,

Mr. Y.B. Mandpe, Counsel for the complainant.

CORAM : ROHIT B. DEO, J.

DATED : 31-03-2021

Hearing was conducted through video

conferencing and the learned Counsel agreed that the

audio and visual quality was proper.

2.

This Court granted pre-arrest protection to

Pramod Shankar Dongre in connection with Crime

908/2020 registered with MIDC Police Station, Nagpur

for offences punishable under Sections 420, 448, 467,

468 and 471 read with Section 34 of the Indian Penal

Code.

3.

The undertaking of Mr. Pramod Shankar Dongre,

to deposit Rs.3,00,000/- in the registry was noted.

4.

Paragraph 3 of the order dated 15-12-2020 in

Criminal Application (ABA) 751/2020 reads thus :

2 ca423.21

“3.

The learned Counsel for the applicant Mr.

Shukla states, on instructions, that the applicant shall

deposit Rs.3,00,000/- in the registry of this Court

within five days and the applicant shall have no

objection to the complainant Mr. Horo withdrawing

the said amount, provided he undertakes to refund

the amount in the eventuality of the civil

proceedings, which the applicant may institute,

culminating in adverse order. The undertaking is

accepted and is made a condition for granting pre-

arrest protection, alongwith the other conditions to

which a reference shall be made hereinafter.”

5.

It is not in dispute that the amount of

Rs.3,00,000/- is deposited by accused Pramod Shankar

Dongre.

6.

The complainant Sinu Budhram Horo has given

the necessary undertaking in paragraph 5, which read

thus:

“5.

That the complainant undertakes to refund

the amount in the eventuality of the civil

proceedings, which the applicant may institute

culminating in adverse order.”

7.

The application is allowed.

8.

The applicant Sinu Budhram Horo is permitted to

withdraw the amount of Rs.3,00,000/- deposited by

accused Pramod Shankar Dongre in the registry since

Sinu Budhram Horo has undertaken that he shall refund

the amount in the eventuality of the civil proceedings, if

instituted, culminating in adverse order. Pertinently,

3 ca423.21

while depositing the amount accused Pramod Shankar

Dongre further undertook that he shall have no objection

to the complainant Sinu Budhram Horo withdrawing the

amount, subject to furnishing undertaking referred to

supra.

JUDGE

adgokar

Prafulla

Adgokar

Digitally signed

by Prafulla

Adgokar

Date:

2021.03.31

18:02:29

+0530