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Bombay High Court

INDERPAL SINGH SAHNIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The application for withdrawal of the bail bond amount is premature and therefore dismissed.

Summary

The applicant, Inderpal Singh Sahni, sought the withdrawal of a bail bond of Rs. 1.46 crore that was deposited as a condition for his release. The High Court noted that the bail was granted on 7 November 2017 and that the trial had not yet commenced. The State argued that the application was not maintainable because the amount could not be withdrawn until the applicant is acquitted. The court examined the bail order and found that the deposit was a condition precedent to release, making the request premature. Consequently, the court dismissed the interim application as premature.

Issues considered

  • Whether the applicant can withdraw the bail bond amount before the trial concludes
  • Whether the interim application for withdrawal of bail bond is maintainable

Subjects

  • bail
  • bail bond
  • withdrawal of bail amount
  • interim application
  • criminal procedure
  • premature application

Judgment

                                                                       P6. CRI IA-1600-24.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                          INTERIM APPLICATION NO. 1600 OF 2024
                                           IN
                            BAIL APPLICATION NO. 2431 OF 2017

           Inderpal Singh Sahni                                     .. Applicant
                      Versus
           The State of Maharashtra                                 .. Respondent
                                      ....................
            Mr. Samir Vaidya, Advocate for Applicant
            Mr. Amit A. Palkar, AAP for State
                                            ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE            : SEPTEMBER 8, 2026
           P. C.:

           1.       Not on board. Mentioned by way of filing a praecipe dated

           08.09.2026.


           2.       Heard Mr. Vaidya, learned Advocate for Applicant and Mr.

           Palkar, learned APP for State.


           3.         In this Application, notice has already been issued. As a

           condition for grant of bail, a sum of Rupees 1.46 Crore has been

           deposited. Applicant is desirous of withdrawal of the said amount. The

           Nazer of this Court has also issued the necessary notification which is

           duly published and notified on the notice board of the High Court as

           far back as on 21.02.2023.




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                                                                  P6. CRI IA-1600-24.odt


           4.          Learned shall take immediate instructions and accordingly

           apprise the Court with regard to the prayer for withdrawal of the

           aforesaid amount. If there is any objection with regard to the

           withdrawal and the notification issued by the Nazer of this Court, the

           same shall be apprised to the Court. Necessary, appropriate affidavit

           in reply will be filed by the prosecution as to whether it is permissible

           for the Applicant to withdraw the amount or otherwise.


           5.          Prima facie, according to Mr. Palkar, the Application is not

           maintainable as unless and until Applicant is acquitted, the said

           amount cannot be withdrawn.


           6.          At this stage, when I perused the order granting bail dated

           07.11.2017 (appended as Exhibit "A" to the Application), I prima facie

           find that deposit of this amount was a condition precedent for release

           of the Applicant from jail. The trial in the present case is not even

           commenced. In that view of the matter, the present Application is

           premature. Hence, dismissed.



Amberkar                                            [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.09.09
                      15:14:08
                      +0530




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