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Bombay High CourtIA/2256/2025allowed

Varindepal Singh Chahal v. The State Of Maharashtra

2025-07-11Hon'Ble Shri Justice Milind N. Jadhav3 pages

Ajay 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. 2256 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO. 2450 OF 2022 Varinderpal Singh Chahal Applicant / Respondent No.2 in ABA

IN THE MATTER BETWEEN

Manoj S. Pandey .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ..

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

 Mr. Deva L. Shinde a/w. Mr. Shashank Shubham, Advocates i/by Raviraj Paramane for Applicant / Respondent No.2 in ABA.  Mr. Tejas Mane, Advocate for Applicant.

 Dr. Ashwini A. Takalkar, APP for Respondent No.1 - State.  Mr. Manoj Pandey, present in-person.

 PSI - Mr. Govind S. Kute, APMC Police Station present. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 11, 2025.

P.C.:

1.

Heard Mr. Shinde, learned Advocate for Applicant - Respondent No.2 in Anticipatory Bail Application; Mr. Mane, learned Advocate for Applicant and Dr. Takalkar, learned APP for Respondent No.1 - State.

2.

This Interim Application was heard in the morning session and after hearing the parties, learned APP was directed to take appropriate instructions with respect to the factual matrix of the Corrected / Modified order as per speaking to the minutes of order dated 15.07.2025. 1 of 3

matter, in view of the fact that the submission was made across the bar that the parties have reconciled their disputes and entered into a Memorandum of Understanding dated 04.04.2025 in respect of the issue in the present case.

3.

Only for a limited aspect the Interim Application has been filed for withdrawal of amount of Rs.40,00,000/- which was deposited in this Court pursuant to the directions contained in the order dated 30.09.2022 appended at page No.8 of the Interim Application in two tranches of Rs.20,00,000/- each.

4.

Both the learned Advocates informed the Court that third installment of Rs.23,00,000/- did not fructify, but that would not have any bearing on the issue of withdrawal in view of the substantive Memorandum of Understanding having arrived at between the parties. Copy of the said Memorandum of Understanding dated 04.04.2025 is taken on record and marked 'X' for identification. 5.

Learned Advocate for Respondent No.2 is present in Court and acknowledges the same. He has filed Affidavit dated 11.07.2025, inter alia, giving his no objection for withdrawal of the aforesaid amount of Rs.40,00,000/- out of Rs.63,00,000/- which was directed to be deposited in this Court and which came to be deposited. 6.

Considering the aforesaid facts and on hearing the learned Prosecutor who has taken appropriate instructions from the concerned Corrected / Modified order as per speaking to the minutes of order dated 15.07.2025. 2 of 3

Investigation Officer, there can be no impediment to allow withdrawal of the amount deposited by the Applicant in the Interim Application and who was Respondent No.2 in the Anticipatory Bail Application. 7.

The amount of Rs.40,00,000/- is directed to be paid to the Applicant namely Varinder Pal Singh Chahal by the Registry of this Court alongwith all other accrued interest thereon within a period of one week from today on production of a server copy of this order. 8.

If any FD is required to be liquidated for this purpose, the same shall be done forthwith by the Registry for compliance of this order.

9.

Interim Application is allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.07.15 14:06:27 +0530 AJAY TRAMBAK UGALMUGALE Corrected / Modified order as per speaking to the minutes of order dated 15.07.2025. 3 of 3