Bombay High Court

SHYAMAL JITENDRA DOKEversusSTATE OF MAHARASHTRA

Decided: 29 May 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The Court allowed the withdrawal of the bail application, disposed the interim application, and ordered the refund of the excess security amount.

Summary

The applicant, Paras Shripalkumar Shah, had obtained interim bail on 24 May 2026 and surrendered to the jail on 27 May 2026 after the charge‑sheet was filed on 19 May 2026. He sought to withdraw the bail application so that he could file a regular bail petition before the Sessions Court. The Court granted leave to withdraw the bail application and ordered the application to stand disposed as withdrawn, also disposing the related interim application filed by the first informant. The applicant had deposited Rs.1,50,048/- as security, although only Rs.89,115/- was required; he requested a refund of the excess amount. The Court directed the Commissioner of Police, Arms Force, to refund the excess amount upon production of payment receipts. The order was signed by Justice Shyam C. Chandak on 29 May 2026.

Issues considered

Whether a bail application can be withdrawn with liberty to re‑file before the Sessions Court
Whether the interim application filed by the first informant stands disposed upon withdrawal of the bail application
Whether the excess amount deposited as security should be refunded

Subjects

bail
withdrawal
interim bail
refund
excess deposit
criminal procedure

Judgment

P.H. Jayani                                                      04 BA2015.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                    BAIL APPLICATION NO.2015 OF 2026

Paras Shripalkumar Shah                                   …. Applicant
      Vs.
The State of Maharashtra                                  …. Respondent

                                 WITH
                  INTERIM APPLICATION NO. 1619 OF 2026
                                   IN
                    BAIL APPLICATION NO.2015 OF 2026

Shyamlal Jitendra Doke                                    …. Intervenor

In the matter between :-
Paras Shripalkumar Shah                                   …. Applicant
      Vs.
The State of Maharashtra                                  …. Respondent

Mr. Vishal Krishna i/b. Law Care for the Applicant.
Mr. B.B. Tiwari a/w. Mr. Viral Rathod and Mr. Vishwate Jadhav i/b.
Law Origin for the Intervenor.
Mr. Ashok S. Gawai, APP for the Respondent – State.
Mr. Sagar Dhumal, PSI, IO, Borivali Police Station, present.

                           CORAM : SHYAM C. CHANDAK, J.
                           DATED : 29th MAY, 2026
                                    (VACATION COURT)

P.C. :-

1)             The learned Counsel for the Applicant states that after availing

the interim bail as per the Order dated 24 th May, 2026, the Applicant has

surrendered before the Jail Authority on 27th May, 2026. Meanwhile,

charge-sheet came to be filed on 19 th May, 2026. The Applicant intends to

file a regular bail Application before the Sessions Court. Therefore, the

learned Counsel for the Applicant, on instructions, seeks leave to withdraw

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                  P.H. Jayani                                                      04 BA2015.2026.doc


                  the aforesaid Bail Application with liberty to file the bail Application before

                  the Sessions Court.

                  2)            Leave to withdraw is granted with aforesaid liberty.

                  3)            Application stands disposed of as withdrawn.

                  4)            As a result, Interim Application No.1619 of 2026 seeking

                  intervention by the first informant does not survive and stands disposed of.

                  5)            Lastly, the learned Counsel for the Applicant stated that as a

                  compliance of the Order dated 14/05/2026, initially, the Applicant has

                  deposited a sum of Rs.1,50,048/- with the Department of Commissioner of

                  Police, Office of DCP Arms Force, Tardeo.          However, only a sum of

                  Rs.89,115/- was to be deposited in compliance of the said order which the

                  Applicant has deposited with the Jail Authority, Thane Headquarters.

                  6)            In view thereof, the learned Counsel for the Applicant

                  submitted that an order to refund the excess amount of Rs.1,50,048/- may

                  be passed subject to producing the payment receipts.

                  7)            The Commissioner of Police, Office of DCP, Arms Force, Tradeo

                  shall refund the said excess amount of Rs.1,50,048/- at the earliest, subject

                  to proof.



                                                              (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.05.29
20:13:09 +0530




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