Kanchi Manish Shah v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
rrpillai CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2500 OF 2025 IN BAIL APPLICATION NO. 1794 OF 2016 Kanchi Manish Shah ...
Applicant Vs.
The State of Maharashtra and Another ...
Respondents WITH INTERIM APPLICATION NO. 2499 OF 2025 IN BAIL APPLICATION NO. 1794 OF 2016 Manish Harjivandas Shah ...
Applicant Vs.
The State of Maharashtra and Another ...
Respondents Mr. Ahmed Padela i/b. The Law Point for the Applicants. Mr. K. C. Shinde, APP for the Respondent-State. Mr. Jiten Bhardwaj for Respondent No.2 P.I. Bhosale Vikas and PSI Deepak Hol, Dr D. B. Marg Police Station.
CORAM : GAURI GODSE, J.
DATE :
5th AUGUST 2025 ORDER :
1.
These applications are filed by the accused in C. R. No. 21 of 2016. These applicants had filed bail application in this court. The applicants had deposited an amount of by RAJESHWARI RAMESH PILLAI Date:
2025.08.06 02:08:07 +0200 RAJESHWARI RAMESH PILLAI 1/4
Rs.24,00,000/- collectively in this court. While modifying the order of bail vide order dated 17th October 2018 the amount deposited by the applicants was directed to be invested in a fixed deposit with any nationalised bank. The applicants submit that the amount of Rs. 24,00,000/- deposited by these applicants in this court is lying with the registry of this court and the same is invested.
2.
The applicants submit that the parties have amicably settled all the disputes including the civil suit and the criminal complaints. The consent terms signed by the parties is annexed on page 30 of this application. The parties have agreed that both these applicants shall pay an amount of Rs.12,51,000/- to the complainant. The complainant has agreed to consent for withdrawal of the amount of Rs. 24,00,000/- deposited by the applicants in this court. 3.
I have perused the consent terms. The parties have recorded that all the disputes amongst them has been amicably settled and in view of the settlement, the applicants shall pay an amount of Rs.12,51,000/- to the complainant as expeditiously as possible after these applicants are permitted to withdraw the amount deposited in this court. 2/4
4.
Pursuant to the amicable settlement, the complainant has agreed to consent for quashing the criminal complaints filed against these applicants. The list of criminal complaints and the civil proceedings settled between the parties is stated in paragraph 3 of the consent terms. The amount of Rs.24,00,000/- was deposited by these applicants to show their bonafides when their bail applications were decided by this court. Subsequently vide order dated 17th October 2018 the amounts were directed to be invested.
5.
In view of the amicable settlement between the parties as recorded in the consent terms, the applicants can be permitted to withdraw the amount deposited in this court. 6.
Learned counsel for the applicants on instructions submits that the amount of Rs. 24,00,000/- was deposited by these applicants through the bank account of their close relative. He further submits that the applicants have agreed that the amount can be released in the bank account of applicant no. 1 i.e. Kanchi Manish Shah.
7.
The statement made on behalf of the applicants in the consent terms regarding payment of Rs.12,51,000/- to the complainant is accepted as an undertaking to this court. 3/4
8.
Learned counsel for the applicants on instructions submits that within two weeks from the date of the amount transferred to the applicant no.1's account, they shall make the payment to the complainant. This statement is accepted as an assurance and undertaking to this court. 9.
In view of the aforesaid amicable settlement and the statement made on behalf of the applicants both the applications are allowed, by passing the following order : (i) Registry of this court shall release the amount of Rs.24,00,000/- alongwith accrued interest in the following account :
Account Name : Kanchi Manish Shah Bank Name : ICICI Bank Account Number : 000401621763 Account Type : Savings IFSC Code : ICIC0000004 11.
Both the applications are disposed of in the aforesaid terms.
[GAURI GODSE, J.] 4/4