Swamit Kumar Das v. The Sr Inspector Of Police And ANR

1 10-IA 2069-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2069 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.175 OF 2018 Swamit Kumar Das ... Applicant In the matter between:

Suketu Anil Shah ... Accused/Orig. Applicant V/s.

The Sr. Inspector of Police, Pydhonie Police Station & Anr.

... Respondents ----- Ms. Shriya Mehta i/by Akshay Pawar for the Applicant. Mr. B. V. Holambe Patil, APP for the Respondent-State. Mr. Prakash Rasal, Pydhonie Police Station is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

08TH OCTOBER 2025 P.C. :

1.

Apprehending arrest in Crime No.364 of 2017 registered with Pydhonie Police Station for the offence punishable under Section 420 of the Indian Penal Code, the above Anticipatory Bail was filed by the Applicant therein Suketu Shah. During the pendency of the said Anticipatory Bail Application, he deposited an amount of Rs.4,61,000/- with the Registry of this Court. This Court by order dated 23rd February, 2018 has disposed of the said application.

2.

The learned counsel for the Applicant in the present Interim Application submits that present Applicant Swamit Kumar Das was the first informant in the aforesaid crime. It is submitted that parties have Mugdha

2 10-IA 2069-25.doc amicably settled their dispute before the mediator, appointed by the trial Court. The learned counsel for the Applicant has drawn my attention to the consent terms dated 12th January, 2023 placed on record. It is submitted that in terms of consent terms, the present Applicant is entitled to withdraw the amount in question. It is submitted that the present Applicant therefore be permitted to withdraw the said amount. 3.

I have perused the consent terms dated 12th January 2023. In the consent terms the Applicant in Anticipatory Bail Application has given no objection for withdrawal of the amount in question by the present Applicant. In that view of the matter, the present Applicant Swamit Kumar Das is permitted to withdraw the amount of Rs.4,61,000/- deposited by the Applicant Suketu Shah in Anticipatory Bail Application along with accrued interest, if any.

5.

The present Interim Application is disposed of. (N.R. BORKAR, J.) Mugdha