Dilip Kumar Mohan Mandal v. The State Of Maharashtra

Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION INTERIM APPLICATION NO.1279 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.1482 OF 2015 Dilip Kumar Mohan Mandal .. Applicant

IN THE MATTER BETWEEN:

Dilip Kumar Mohan Mandal .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Ms. Sonali Shelar, Advocate for Applicant/ Ori. Accused.  Mr. Y.Y.Dabke, APP for Respondent -State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 11, 2025 P. C.

:

1.

Heard Ms. Shelar, learned Advocate for Applicant and Mr.Dabke, learned APP for Respondent - State. 2.

By way of present Application Applicant seeks to withdraw amount of Rs.5,00,000/- deposited in the Registry of this Court as recorded in the order dated 09.10.2015 appended at page No.7 of the Application. Said amount was deposited by the Applicant to show his bonafides for grant of Anticipatory Bail. Subsequent thereto on 15.04.2016 this Court granted Anticipatory Bail to the Applicant while dealing with his Anticipatory Bail Application No.1482 of 2015, copy of order is appended as Exhibit 'B' at page No.10 of the Application.

3.

Learned Advocate for Applicant draws my attention to Exhibt 'C' judgment dated 08.05.2023 in the said offence wherin Applicant is acquitted of the offences punishable under the provisions of Maharashtra Value Added Tax Act. I have perused said judgment. In view of acquittal of the Applicant, Applicant now seeks return of the deposit of Rs.5,00,000/- which he deposited in the Registry of this Court vide banker cheque on 21.10.2015. In the above facts there can be no impediment to allow the Applicant withdrawal of the said amount of Rs.5,00,000/- in view of judgment of acquittal dated 08.05.2023.

4.

Learned Prosecutor Mr.Dabke acknowledges and confirms the acquittal judgment passed by the trial Court. 5.

In view of above, Registry of this Court is directed to return the amount of Rs.5,00,000/- to the Applicant alongwith all interest accrued thereon within a period of one week from today on production of a server copy of this order. Registry shall act on a server copy of this order on it being presented before the Registry by the Advocate for Applicant alongwith the details of his bank account. 6.

If any fixed deposit is required to be broken, Registry shall forthwith break open the fixed deposit to ensure that the aforesaid amount of Rs.5,00,000/- alongwith all accrued interest thereon is returned back to the Applicant.

7.

With the above directions, Interim Application is allowed and disposed.

P.R. Rajput [ MILIND N. JADHAV, J. ]