Bombay High Court

SANATKUMAR BHALCHANDRA JAINversusPRASHANT BHGWANSINGH KACHWAH

Disposal: APPLICATION ALLOWED

Holding

The High Court allowed the withdrawal of the deposited amount upon the respondent furnishing an undertaking as required by the registry.

Summary

The applicant, Sanatkumaar Bhalchandra Jain, filed a criminal application seeking permission to withdraw Rs.3,00,000 that had been deposited by the respondent, Prashant Bhagwansingh Kachwah, as security following the suspension of the respondent's sentence. The amount was already in the court registry as directed by the trial court. The applicant argued that the money should be released, subject to an undertaking as required by the registry. The High Court examined whether the court could permit the withdrawal of the security after the suspension order. Finding no legal impediment, the court allowed the application, permitting the respondent to withdraw the amount upon furnishing the required undertaking.

Issues considered

Whether the respondent is entitled to withdraw the Rs.3,00,000 deposited as security after the suspension of his sentence

Subjects

criminal application
withdrawal of security
suspension of sentence
court order
undertaking

Judgment

2026:BHC-AUG:45917




                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO.4003 OF 2026
               (SANATKUMAR BHALCHANDRA JAIN VS. PRASHANT BHGWANSINGH
                                       KACHWAH)
                                           IN
                    954 CRIMINAL REVISION APPLICATION NO. 286 OF 2026

                                   PRASHANT BHAGWANSING KACHWA
                                              VERSUS
                                    SANTKUMAR BHALCHANDRA JAIN

              Mr.Sachin S.Panale, Advocate for the Applicant.

                                    ( CORAM : SUSHIL M. GHODESWAR, J. )

                                      DATE : 30th SEPTEMBER, 2026

              PER COURT :


              1.             This application was not on board. Taken on board.



              2.             The learned Advocate for the Applicant/complainant is

              praying for withdrawal of Rs.3,00,000/- out of the total amount of

              Rs.12,00,000/-. Rs.3,00,000/- is already withdrawn before the Trial

              Court. While suspending the sentence before this Court, this Court has

              directed the Respondent/Accused to deposit Rs.3,00,000/- and is

              deposited as per directions of this Court and now lying with the

              Registry of this court. Hence the learned Advocate for the Applicant is


              khs/Sept.2026/4003
                                   -2-

praying for permission to withdraw the said amount.



2.             For the reasons stated, Criminal Application is allowed.

Respondent is permitted to withdraw the said amount, on furnishing an

undertaking, as required by the Registry of this Court.




                                      ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/4003

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