Suraksha Realty Ltd Through Mr Dinesh Jadhav v. The State Of Maharashtra
1 7-IA 1725-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1725 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.1273 OF 2019 Suraksha Realty Limited Thr. Mr. Dinesh Jadhav ... Applicant In the matter between Subramanyam Mannuru & Anr.
... Original Applicants/Accused V/s.
State of Maharashtra ... Respondent ----- Mr. Rohit Agarwal a/w Mr. Vinod Kothari, Ms. Palak Bindal & Ms. Aradhya i/by Apex Law Partners for the Applicant.
Mr. Niranjan Mundargi for the Respondent/Original Applicants. API Suvarna Raut, EOW, Mumbai is present.
----- CORAM :
N.R. BORKAR, J.
DATE :
22ND SEPTEMBER 2025 P.C. :
Digitally signed by MUGDHA MANOJ PARANJAPE Date:
2025.09.23 10:37:55 +0530 MUGDHA MANOJ PARANJAPE 1.
This Court on 27th August 2019 in Anticipatory Bail Application No.1237 of 2019 passed the following order :- "1 Learned counsel for the applicants submits that the applicants have, till date, deposited total sum of Rs. 9,87,67,691 (Rupees Nine Crores Eighty-Seven Lakhs Sixty-Seven Thousand Six Hundred Ninety-One), as directed by this Court.
On the last date i.e. on 8th August 2019, learned counsel for the applicants had sought time to take instructions whether the applicants were ready to deposit any amount in addition to the amount as mentioned in the FIR. Today, learned counsel for the applicants has tendered an Undertaking of the applicant No. 1, wherein, the said applicant has undertaken to deposit an additional amount of Rupees Two Crores in the Registry of this Court, without prejudice to his rights and contentions. He has undertaken to deposit the said amount on or before 10th November 2019.
2 7-IA 1725-25.doc Considering the fact that the applicant has already deposited Rs. 9,87,67,691/- till date and is ready to deposit an additional amount of Rupees Two Cores in the Registry on or before 10th November 2019, the interim protection granted to the applicants vide order dated 14th June 2019 stands confirmed on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicants be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- each, with one or two sureties in the like amount;
(ii) The applicants to cooperate with the investigating agency; (iii) If applicants fail to deposit the additional amount of Rupees Two Cores in the Registry of this Court on or before 10th November 2019, the pre-arrest bail granted to the applicants, shall stand vacated, forthwith, without further reference to the Court; (iv) The applicants shall not file any application for withdrawal of the said amount. However, if there is a settlement between the parties, it is open for the parties to file an appropriate application for withdrawal of the said amount.
The application is allowed in the aforesaid terms and is accordingly disposed of.
All concerned to act on the authenticated copy of this order." 2.
In addition to the amount of Rs.9,87,67,691/- mentioned in the above order, the original Applicants in Anticipatory Bail Application had deposited further amount of Rs.2 Crores with the Registry of this Court. 3.
The Applicant in this Interim Application namely Suraksha Realty Limited is the first informant in the above crime, who has filed this application for withdrawal of the said amount deposited by the original Applicants.
4.
Learned Counsel for the Applicant submits that a loan of Rs.14 Crores was availed by Ravindra Bharati Education Society of which the original Applicants in Anticipatory Bail Application were promoters. It is submitted that loan was not repaid and thus the original Applicants
3 7-IA 1725-25.doc agreed to deposit the said amount. It is further submitted that there is already arbitration award for an amount of Rs.37,69,44,479/- against Ravindra Bharati Education Society. It is submitted that the first informant be, therefore, permitted to withdraw the amount. 5.
On the other hand, Learned Counsel for the original Applicants in Anticipatory Bail Application submits that award is under challenge and therefore the prayer may not be allowed.
6.
Considering the overall facts and circumstances, I am inclined to allow the present Application. The Application is allowed. The first informant - Suraksha Realty Limited is permitted to withdraw the amount of Rs.11,87,67,691/- with accrued interest, if any, deposited with the Registry of this Court by the original Applicants in Anticipatory Bail Application.
7.
The present Interim Application is disposed of in the aforesaid terms.
8.
This will, however, not preclude the parties from exploring the possibility of settlement.
(N.R. BORKAR, J.)