Bombay High Court

DILIP PRABHAKAR KUDALKAR AND ANR.versusTHE STATE OF MAHARASHTRA

Decided: 13 January 2026
Disposal: Disposed Off
Bench: N R BORKAR

Holding

The Court permitted the applicant to withdraw the deposited amount, subject to accrued interest, and disposed of the interim applications.

Summary

Arun N. Ambekar filed Interim Application No. 4612 of 2022 seeking to withdraw Rs.45 lakhs (plus interest) that had been deposited under Interim Application No. 3961 of 2023, pursuant to the Court's order dated 18 November 2021 in Anticipatory Bail Application No. 1055 of 2021. The State of Maharashtra opposed the withdrawal, but the parties’ counsel consented to the relief sought. The Court examined whether it could permit the withdrawal of the security amount after the anticipatory bail order had been issued. Relying on the parties’ consent and the absence of any statutory prohibition, the Court allowed the withdrawal. Consequently, the Court ordered that the amount be returned to the applicant and disposed of both interim applications.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited as security in connection with an anticipatory bail order.
Whether the Court may modify its earlier order on deposit of security upon the parties' consent.

Subjects

anticipatory bail
interim application
withdrawal of security deposit
criminal procedure
consent of parties
high court order

Judgment

                                                 907-ia-4612-22 in aba-1055-21.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
            INTERIM APPLICATION NO. 4612 OF 2022
                             IN
       ANTICIPATORY BAIL APPLICATION NO. 1055 OF 2021

Arun N. Ambekar                                    …Applicant/
                                                   First Informant
      In the matter between
Dilip P. Kudalkar and anr.                         ...Applicants/
                                                   Org. Accused
     V/s.
The State of Maharashtra & Anr.         ...Respondents.
                             WITH
          INTERIM APPLICATION NO. 3961 OF 2023
                                IN
    ANTICIPATORY BAIL APPLICATION NO. 1055 OF 2021

Dilip P. Kudalkar & Anr.                           …Applicants/
                                                   Org. Accused.
      V/s.
The State of Maharashtra & Anr.                 ...Respondents.
                              …………..
Adv. Jernold J. Xavier a/w. Adv. Carina Xavier, Adv. Gauri Jadhav
and Adv. Anushka Kamble for the Applicant-Arun Ambekar.
Adv. Mahesh R. Joshi for the Applicants/Org. Accused viz. Dilip
Kudalkar and Jagdish Raje.
Mr. S.R. Agarkar, APP for the Respondent/State.
                             …………..
                            CORAM :       N.R. BORKAR, J.
                            DATE      :   13.01.2026.
P.C. :

1.       Both these Interim Applications are filed for withdrawal of
amount deposited by applicants in Interim Application No. 3961 of
2023 in terms of the orders passed by this Court in Anticipatory
Bail Application No. 1055 of 2021.




Dinesh S. Sherla                     1/2
                                                      907-ia-4612-22 in aba-1055-21.odt


2.                 By consent of the learned counsel for the parties, the
following order is passed.


                                   ORDER

           A] The Applicant– Arun Narayan Ambekar in Interim
           Application No. 4612 of 2022 is permitted to withdraw the
           amount of Rs.45 Lakhs along with accrued interest, if any,
           deposited by the applicants in Interim Application No. 3961
           of 2023 in terms of the order passed by this Court dated
           18th November, 2021 in Anticipatory Bail Application No.
           1055 of 2021.


3.        Both the Applications are disposed of in the aforesaid terms.



                                                  [N.R.BORKAR, J.]




Dinesh S. Sherla                          2/2

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