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Bombay High Court

GULSHANKUMAR RAM VARMAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court ordered the refund of the Rs.5,00,000 bail deposit with interest, as the summary report was filed and accepted.

Summary

Gulshankumar Ram Varma, the applicant, had earlier deposited Rs.5,00,000 as security in an anticipatory bail application (No.422 of 2023). He filed an interim application (No.2315 of 2023) seeking the refund of this amount. The applicant’s counsel submitted that a “C” Summary Report had been filed and accepted by the court. The bench held that, on the basis of the accepted summary report, there was no longer any justification to retain the deposit. Consequently, the court ordered the registry to refund the Rs.5,00,000 along with accrued interest and disposed of the interim application.

Issues considered

  • What is the appropriate procedure for refunding a bail deposit after the filing of a summary report?
  • Whether the court is obligated to return the amount deposited in anticipation of bail when the underlying application is no longer pending.

Subjects

  • anticipatory bail
  • bail deposit
  • refund
  • interim application
  • criminal procedure

Judgment

                                                                         33-IA-2315-2023.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
         Digitally
         signed by
         ARJUN
ARJUN    VITTHAL                  INTERIM APPLICATION NO.2315 OF 2023
VITTHAL  KUDHEKAR
KUDHEKAR Date:                                     IN
         2026.08.25
         18:42:15             ANTICIPATORY BAIL APPLICATION NO.422 OF 2023
         +0530



                      Gulshankumar Ram Varma                              …Applicant
                            Versus
                      The State of Maharashtra                            …Respondent


                      Mr. Pravin U. Gaikwad a/w Gahineenath Karanjule & Priyanka
                      Parab, for the Applicant.
                      Mr. S. V. Walve, APP, for the Respondent-State.
                      PSI Anupama Patil, Pairavi, Sakinaka Police Station, present.


                                            CORAM:      MADHAV J. JAMDAR, J.
                                            DATED:      24 AUGUST 2026
                      PC:-



                      1.      The Interim Application has been filed seeking refund of the

                      amount of Rs.5,00,000/- deposited in this Court pursuant to the

                      Order dated 10th February 2023 passed by a learned Single Judge

                      in Anticipatory Bail Application No.422 of 2023.


                      2.      Mr. Gaikwad, learned Counsel for the Applicant, states that,

                      in fact, “C” Summary Report has been filed and the same is

                      accepted.




                                                      Page 1
                      Arjun
                                                    33-IA-2315-2023.DOC




3.      Thus, the relief sought in the Interim Application is granted.

Registry to refund Rs.5,00,000/- deposited by the Applicant in this

Court, along with accrued interest.


4.      The Interim Application is disposed of.




                                           [MADHAV J. JAMDAR, J.]




                                 Page 2
Arjun


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