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 The State argued that the application was not maintainable because the amount could not be withdrawn until the applicant is acquitted.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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