Bombay High Court
NILESH RAGHUNATH GAWADEversusState of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The court held that, by consent of the parties, the applicant is entitled to withdraw the Rs.7,00,000 deposited, together with accrued interest.
Summary
The applicant, Nilesh Raghunath Gawade (original respondent No.2), filed an interim application seeking withdrawal of Rs.7,00,000 deposited as security in the anticipatory bail proceedings (Application No.636 of 2025). The FIR (C.R. No.209 of 2024) and the accompanying chargesheet (No.134 of 2025) had been quashed by consent, and the single judge had recorded that the petitioner would not object to the withdrawal by respondent No.3. Both parties consented to the withdrawal. The court, by order dated 24 August 2026, allowed the interim application, permitting the applicant to withdraw the amount with accrued interest. The interim application was thereafter disposed.
Issues considered
- Whether the security amount deposited in the court can be withdrawn after the FIR and chargesheet are quashed by consent.
- Whether the consent of the parties suffices to permit withdrawal of the deposited amount.
Subjects
- anticipatory bail
- withdrawal of security deposit
- quashing of FIR
- consent of parties
- interim application
- criminal procedure
Judgment
72-IA-2781-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2781 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.636 OF 2025
Nilesh Raghunath Gawade …Applicant/
Original
Respondent
No.2
IN THE MATTER BETWEEN:
Ashish Namdev Zade …Original
Applicant/
Accused
Versus
The State of Maharashtra & Anr. …Respondents
Mr. Amit Mane, for the Applicant in IA/2781/2026.
Mr. Sandeep Phatak (through Video Conferencing), for
Applicant/Original Accused in ABA/636/2025.
Mrs. M. R. Tidke, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 24th AUGUST 2026
PC:-
1. Mentioned out of turn at 03:00 p.m..
2. Heard Mr. Mane, learned Counsel appearing for the
Applicant/Original Respondent No.2, Mr. Phatak, learned Counsel
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72-IA-2781-2026.DOC
appearing for Original Applicant/Accused and Mrs. Tidke, learned
APP appearing for the Respondent-State.
3. By this Interim Application, the Applicant/Original
Respondent No.2-Nilesh Raghunath Gawade is seeking withdrawal
of the amount of Rs.7,00,000/- deposited by the Respondent No.2
in this Court.
4. Mr. Mane, learned Counsel appearing for the
Applicant/Original Respondent No.2 and Mr. Phatak, learned
Counsel appearing for Original Applicant/Accused state that the
FIR which is the subject matter of the Anticipatory Bail Application
i.e. C.R. No.209 of 2024 registered with Alankar Police Station,
Pune City, Pune and the chargesheet No.134 of 2025 arising out of
the said FIR has been quashed by consent.
5. As far as the amount of Rs.7,00,000/-, which has been
deposited in this Court pursuant to the order dated 14th October
2025 passed by this Court in Anticipatory Bail Application No.636
of 2025 is concerned, a learned Single Judge while passing the
order of quashing of the FIR and Chargesheet, by order dated 7 th
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72-IA-2781-2026.DOC
March 2026 in Writ Petition No.1004 of 2026 in paragraph No.15
has observed as under:
“15. Mr. Rushikesh Barge states that Rs.7,00,000/-
has been deposited in this Court. He states that the
Petitioner has undertaken to pay Rs.7,00,000/- to
Respondent No.3. He states that Respondent No.3 is
entitled to withdraw the said amount of
Rs.7,00,000/- from this Court. He, on instructions
from the Petitioner present in Court, undertakes to
give no objection to the withdrawal of the said
amount, as and when Respondent No.3 makes an
application for withdrawal before this Court. The
statement of Mr. Rushikesh Barge is taken on
record.”
6. Accordingly, by consent of the parties, the Interim
Application is allowed. The Applicant/Original Respondent No.2-
Nilesh Raghunath Gawade is allowed to withdraw an amount of
Rs.7,00,000/- deposited in this Court pursuant to order dated 14 th
October 2025 passed by this Court in Anticipatory Bail Application
No.636 of 2025 along with accrued interest.
7. The Interim Application is disposed of in above terms.
Digitally
[MADHAV J. JAMDAR, J.]
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.24
17:58:26
+0530
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