Bombay High Court

ABDULGANIKHAN FAZALKHAN PATHANversusMUSSAKHAN ABDUL GANIKHAN PATHAN AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the anticipatory bail application and permitted the withdrawal of the deposited sum, as the matter was settled.

Summary

The Bombay High Court, Aurangabad Bench, allowed the anticipatory bail application (No. 351/2026) and the related criminal application (No. 953/2026) after noting that the dispute between the father and son applicants had been settled through mediation. A mediation report and joint pursis confirming the settlement were placed on record, and the informant raised no objection. The court observed that, given the settlement, there was nothing left to pursue and therefore the anticipatory bail was granted. The applicants had previously deposited Rs. 30,00,000 in the court as per an order dated 17.03.2026, and the court permitted the withdrawal of this amount by Applicant No. 1, with any accrued interest. The respondent/informant also did not object to the withdrawal.

Issues considered

What is the appropriate disposition of the anticipatory bail application in view of a settlement between the parties?
Whether the sum of Rs. 30,00,000 deposited in the court can be withdrawn by the applicant after settlement.

Subjects

anticipatory bail
settlement
mediation
court deposit withdrawal
criminal procedure

Judgment

                                    -1-
                                                            aba351.26.odt

          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

     901 ANTICIPATORY BAIL APPLICATION NO. 351 OF 2026 WITH
              CRIMINAL APPLICATION NO. 953 OF 2026

Mussakhan Abdul Ganikhan Pathan
& another                                            ..… Applicants

VERSUS

The State of Maharashtra                             .....Respondent

Mr. R. N. Pahune Patil, Advocate for Applicants.
Mr. A. R. Kale, APP for the State.
Ms. M. G. Kasturkar, Advocate for the informant.

                                  CORAM : R. M. JOSHI, J.
                                  DATE : 11th AUGUST, 2026.
PER COURT :


1.      Criminal Application No. 953/2026 is allowed.



2.      Learned   Counsel   for    Applicants   as   well   as   contesting

Respondents jointly submit that the present dispute is between the

father and son. According to them, a settlement is arrived at between

them in mediation. Photocopy of the mediation report is placed on

record.    They also filed joint pursis on record indicating the said

settlement. Learned Counsel for informant records no objection for

allowing the application.
                                     -2-
                                                         aba351.26.odt

2.    Learned APP submits that appropriate order may be passed

considering the facts of the case.



3.    Considering the settlement between the parties, nothing

survives in the matter.    As such, Anticipatory Bail Application No.

351/2026 stands allowed in terms of the interim order.



4.    Learned Counsel for the Applicants submits that pursuant to

the order dated 11.03.2026, the Applicants have deposited a sum of

Rs. 30,00,000/- in this Court. It is his submission that in view of

settlement between the parties,        Applicants may be permitted to

withdraw the said amount.



5.    Applicant Nos. 1 and 2 are present before the Court. Applicant

No. 2 states that the sum of Rs. 30,00,000/- be allowed to be

withdrawn by Applicant No. 1.



6.    Learned    Counsel    for   Respondent/informant    records   no

objection for the same.
                                 -3-
                                                       aba351.26.odt

7.    In view of the same, amount of Rs. 30,00,000/- deposited in

this Court, pursuant to the order dated 17.03.2026, is permitted to

be withdrawn by Applicant No. 1, with accrued interest, if any.



                                                ( R. M. JOSHI, J.)

dyb

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