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Bombay High Court

Faisal Mohammad Husain AgarbattiwalaversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

Respondent No.2 is permitted to withdraw Rs.14,00,000 and the suspension order dated 10/09/2025 is restored.

Summary

In a criminal appellate matter before the Bombay High Court, the applicants, Faisal Mohammad Husain Agarbattiwala & Ors., deposited Rs.15,00,000 as directed by the Apex Court. Respondent No.2 sought permission to withdraw a portion of this amount, and the applicants raised no objection. The court examined whether the withdrawal could be allowed and whether the earlier suspension order dated 10/09/2025 should remain in force. It permitted Respondent No.2 to withdraw Rs.14,00,000 and restored the suspension order. The interim application was consequently disposed of, with the matter stood over for further orders on 27/03/2026 in the pending revision application.

Issues considered

  • Whether Respondent No.2 is entitled to withdraw the deposited amount of Rs.14,00,000.
  • Whether the suspension order dated 10/09/2025 should be restored.

Subjects

  • interim application
  • deposit withdrawal
  • suspension order
  • criminal appellate jurisdiction
  • high court

Judgment

                                                                     109-IA-3672-2025 (CR).doc


                   Tikam


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 3672 OF 2025
                                                  IN
VAISHALI                          INTERIM APPLICATION NO. 346 OF 2025
ANIL                                              IN
TIKAM
                                  REVISION APPLICATION NO. 19 OF 2025
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
                   Faisal Mohammad Husain Agarbattiwala & Ors.           ...Applicants
2026.03.06
18:51:07 +0530                          Vs.
                   The State of Maharashtra and Anr.                     ...Respondents

                   _________________________________________________________________
                   Mr. Arif Siddiqui a/w Farheen Shaikh, Advocate for Applicant.
                   B.B.Kulkarni, APP for Respondent-State.
                   Mr. Sandeep Karnik a/w. Dash Gala (Appointed through Legal Aid),
                   Advocate for Respondent No.2.
                   _________________________________________________________________

                                                      CORAM      :   SHIVKUMAR DIGE, J.
                                                      DATE       :   27th FEBRUARY, 2026.
                   P.C. :

                   1.        Heard learned counsel for the Applicants, learned APP and

                   learned counsel for Respondent No.2.

                   2.        Learned counsel for the Applicants submits that Applicant has

                   deposited Rs.15,00,000/- before this Court as per the order of the Hon'ble

                   Apex Court.

                   3.        Learned counsel for Respondent No.2 seeks leave to withdraw

                   the said amount.

                   4.        Learned counsel for Applicants has no objection for withdrawal



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                                                       109-IA-3672-2025 (CR).doc


Tikam


of the said amount.

5.            Respondent No.2 is permitted to withdraw the deposited

amount of Rs.14,00,000/-.

6.            The suspension order dated 10/09/2025 is restored.

7.            Interim Application No. 3672 of 2025 is disposed of.

8.            Stand over to 27/03/2026 in Revn. Application No. 9 of 2025

for orders.



                                                 (SHIVKUMAR DIGE, J.)




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