Bombay High Court
DEEPAK RAMAKANT PATILversusNARESH RAMA AHIRE
- Decided
- Disposal
- Allowed
Holding
The court allowed the interim application, permitting withdrawal of the fixed deposit amount subject to the filing of an undertaking as required by the earlier order.
Summary
The applicant, who is also the first informant, filed an interim application seeking the court’s direction to discontinue a fixed deposit of Rs.15,93,000 made by the accused and to allow withdrawal of the principal amount with interest. The applicant relied on an earlier order dated 6 October 2025 in which the single judge permitted withdrawal subject to the filing of an undertaking. The court noted that the earlier order had not been brought to its attention on 7 January 2026, leading to a fresh direction to transfer the amount to the Judicial Magistrate First Class, Panvel. Considering the prior order, the court allowed the present interim application, directing that the applicant file the required undertaking before the JMFC, Panvel, and permitting withdrawal of the amount and accrued interest. The interim application was consequently disposed of.
Issues considered
- What is the effect of the earlier order dated 6 October 2025 on the applicant’s request to withdraw the fixed deposit?
- Whether the applicant must file an undertaking before withdrawing the amount deposited in the court.
Subjects
- anticipatory bail
- interim application
- fixed deposit
- withdrawal
- undertaking
- criminal procedure
Judgment
905 IA-2910-2026.DOC
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2910 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO. 888 OF 2024
Deepak Ramakant Patil …Applicant
In the matter between :
Naresh Rama Ahire ...Applicant
Vs.
State of Maharashtra …Respondent
Mr. Kapil Shetye, for the Applicant in IA-2910-2026.
Mr. S.V. Walve, APP for the Respondent-State.
PSI M.W. Shirke, Kharghar Police Station, Navi Mumbai.
CORAM: MADHAV J. JAMDAR, J.
DATE : 29th AUGUST, 2026
P. C.:
1. The Applicant, who is the First Informant, has sought the
following reliefs :-
a) This Hon'ble Court may direct Ld. Judicial Magistrate
First Class, Panvel to discontinue the fixed deposit made
pursuant to the order dated 7 th January 2026 and after
that the Applicant may be allowed to withdraw the said
amount of Rs.15,93,000/- [In words, Rupees Fifteen Lakh
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Ninety-Three only], along with interest accumulated, if
any, on the said amount.
b) This Hon'ble Court may allow the Applicant to
withdraw interest on 15,93,000/- [In words, Rupees
Fifteen Lakh Ninety-Three Thousand only], from the date
the amount was deposited by the accused in this Hon'ble
Court until the amount was transferred to JMFC, Panvel
which is at present lying with this Hon'ble Court.”
2. Mr. Shetye, learned counsel appearing for the Applicant in
Interim Application No. 2910 of 2026 points out the order dated
6th October, 2025 passed by the learned Single Judge in Interim
Application No. 2192 of 2025 in Anticipatory Bail Application No.
888 of 2024. The said order reads as under :-
“1 For the reasons stated in paragraph 4 of the
order dated 18 April 2024, thereby the original
applicant has given no-objection for the present
applicant withdrawing the amount, the present
interim application is allowed in terms of prayer
clause (a).
2. Before withdrawing such amount, the applicant
shall file an undertaking stating that such withdrawal
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shall be subject to final decision passed by the Trial
Court in the complaint arising between the parties.
3. The said Anticipatory Bail Application was placed before this
Court on 7th January, 2026 and as none has appeared for the
Applicant as well as the First Informant, this Court, as far as the
amount deposited in this Court, directed that the said amount be
transferred to the Court of learned Judicial Magistrate First Class,
Panvel and directed that the said amount shall be invested in a
Nationalised Bank in a fixed deposit for the appropriate period and
further directed the learned Judge to pass an order in accordance
with law with respect to the amount which has been deposited.
4. Mr. Shetye, learned counsel for the Applicant states that as
none has appeared for the Applicant on 7 th January 2026, the said
order dated 6th October 2025 was not pointed out to this Court and
therefore, the above direction was passed.
5. Accordingly, in view of the order dated 6th October 2025
passed by the learned Single Jude in Interim Application No. 2192
of 2025, the Application is allowed in terms of prayer clauses (a)
and (b), which are already set out hereinabove. The Applicant, i.e.
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the First Informant shall also file an undertaking in terms of order
dated 6th October, 2025 before the learned JMFC, Panvel.
6. The Interim Application is disposed of.
[MADHAV J. JAMDAR, J.]
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