Sandip Kashaba Arkad vs The State Of Maharashtra
2023 Latest Caselaw 12344 Bom

Bombay High Court

Sandip Kashaba Arkad vs The State Of Maharashtra on 6 December, 2023

Author: N. J. Jamadar

Bench: N. J. Jamadar

                                                              24-IA-837-23+.DOC


                                                                 Sayali Upasani


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION


                  INTERIM APPLICATION NO.837 OF 2023
                                     IN
       ANTICIPATORY BAIL APPLICATION NO. 1340 OF 2017

Sandip Kashaba Arkad                                           ...Applicant
                    Versus
The State of Maharashtra and Others                        ...Respondent


 Mr. Sudip Mallick with Harshad E. Palwe, for Applicant.
 Smt. A. A. Takalkar, APP for State.
 None present for Respondent No. 2.
 Mr. Dhulgande, PSI, Khargar Police Station, Present.


                                    CORAM:- N. J. JAMADAR, J.
                                    DATED:- 6th DECEMBER, 2023




P.C.:-

1)       Heard the learned Counsel for the applicant.

2)       None appears for the respondent No. 2.

3)       An affidavit of service is filed on behalf of the applicant.

4)       By this application, the applicant seeks refund of an

amount of Rs.1,00,000/-, which was deposited by the applicant




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pursuant to an order dated 11th August, 2017 passed by this

Court in ABA No.1340 of 2017.

5)      It is averred that in R.C.C. No. 770 of 2018 arising out of

CR No. 164 of 2017, the applicant and the co-accused came to

be acquitted.

6)      I have perused the copy of the judgment and order passed

by the learned J.M.F.C., Panvel on 5 th October, 2019. The

applicant and the co-accused have been acquitted of the

offences punishable under Sections 498A, 406, 323, 504 and

506 read with Section 34 of the Indian Penal Code, 1860.

7)      This Court had ordered the release of the applicant on pre-

arrest bail on subject to the condition of depositing of

Rs.1,00,000/- as price of Stridhan of the first informant. In the

judgment in R.C.C. No.770 of 2018, the learned Magistrate has,

inter alia, recorded that the applicant and the co-accused had

not committed breach of trust qua the property of the first

informant. As the applicant has been acquitted of the offences

in CR No. .164 of 2017 in which the applicant was directed to

make the deposit, there is no reason to continue to have the

amount deposited with this Court.




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8)      Hence, the following order.

                                     ORDER

        I)       The application is allowed.

        II)      The amount of Rs.1,00,000/- deposited by the

applicant in this Court pursuant to an order dated 11 th

August, 2017 in ABA No.1340 of 2017 arising out of CR

No.164 of 2017 registered with Kharghar Police Station, be

refunded to the applicant along with interest accrued

thereon on proper identification and subject to an

undertaking that the applicant would bring back the said

amount, if ordered by any Court.

        III)     Application stands disposed.

                                                 [N. J. JAMADAR, J.]