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Bombay High CourtAPL/460/2022disposed off

Mohammad Furkan Faroukh Shaikh v. State Of Maharashtra

2022-07-19Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 APL-460-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2022.07.20 16:39:03 +0530 SALGAONKAR M M CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.460 OF 2022 Mohammad Furkan Faroukh Shaikh ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.N.M.Nadar for the Applicant.

Ms.Veera Shinde, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 19th JULY, 2022 P.C:- 1.

By the present application, the applicant seeks direction to the Sessions Court, Vasai to return the amount of Rs.50,000/- deposited by him as cash bail.

2.

The said request is made in the background of the fact that on 12/08/2019, the applicant came to be arrested and on completion of investigation, charge-sheet was fled. On 25/06/2021, this Court (Coram : Prakash D. Naik, J.) released the applicant on temporary bail on depositing cash bail in the sum of Rs.50,000/-. On 05/07/2021, the applicant M.M.Salgaonkar

2/2 APL-460-22.doc deposited the amount of cash bail and was released on bail. The applicant surrendered on 21/10/2021 and again applied for temporary bail, on furnishing surety to the tune of Rs.50,000/-. He was released on bail on 09/03/2022 on furnishing the surety.

3.

The applicant applied to the Sessions Court for return of cash amount of Rs.50,000/-, which was deposited by him as cash security, but he was orally directed to approach this Court, since the applicant was released on temporary bail by this Court and, therefore, the present application is fled. 4.

The amount of Rs.50,000/-, was deposited as cash security in pursuance of the order of the Court holding him eligible for releasing him on temporary bail for a period of eight weeks. Thereafter, he surrendered and, since, the amount of Rs.50,000/- by way of security, after release, he is entitled for return of the said amount.

5.

The application is allowed. The Sessions Court, Vasai shall return the amount of Rs.50,000/- deposited by the applicant by way of cash security, within a period of two weeks from today.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar