Beena Nilesh Dodhiya And ANR v. The State Of Maharashtra

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1957 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.1688 OF 2016 WITH ANTICIPATORY BAIL APPLICATION NO.1429 OF 2016 WITH ANTICIPATORY BAIL APPLICATION NO.1434 OF 2016 Beena Nilesh Dodhiya .. Applicant

IN THE MATTER BETWEEN:

Piyush Chandulal Dagha and Ors.

Original Applicants

Versus

The State Of Maharashtra .. Respondent ....................

..

 Mr. Mayur Vinod Faria a/w. Mr. Harshal Hasmukh Savla, Advocates for Applicant.

 Mr. Y. Y. Dabke, APP for Respondent - State.

 PSI - K. D. Nevase, Navghar Police Station MBVV. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 20, 2025 P.C.

:

1.

Heard Mr. Faria, learned Advocate for Applicant and Mr. Dabke, learned APP for Respondent.

2.

Anticipatory Bail Applications have been disposed of. The charge-sheet has been filed. Trial is pending before the Trial Court. 3.

Mr. Faria would submit that First Informant's present Application seeks withdrawal of deposited amount by Accused in this Court at the time of hearing of Anticipatory Bail Applications.

4.

Considering that Trial Court is seized with the trial, it would be in the interest of justice if amount which has been deposited by Accused in this Court is transferred to the record and file of the Trial Court hearing the trial in the present C.R. so as to enable the parties including First Informant to make appropriate Application to the Trial Court for seeking withdrawal in accordance with law. 5.

Mr. Dabke, learned APP has no objection if the above recourse is adopted. This Court also sees no impediment in adopting the aforesaid recourse since once the principal Anticipatory Bail Applications stands disposed of there is no reason as to why this Court should hear application for of withdrawal of amount especially when the trial is underway and pending.

6.

In that view of the matter, amounts of Rs.70,89,926/- and Rs.41,63,925/- deposited in the Registry of this Court in Anticipatory Bail Application No.1429 of 2016 and Anticipatory Bail Application No.1434 of 2016 are directed to be transferred to the 9th J.M.F.C., Chief Judicial Magistrate Court, Thane alongwith interest accrued thereon in case number namely R.C.C. No.2009 of 2018 heard by the said Court.

7.

Parties desire to seek withdrawal of any amount are directed to approach the concerned Trial Court with appropriate Application and if any such Application is made, the Trial Court shall consider the

same on the basis of its own merits and strictly in accordance with law after hearing the parties.

8.

With the above directions, Interim Application is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.06.20 15:39:36 +0530 HARSHADA HANUMANT SAWANT