Ashish Namdev Zade v. The State of Maharashtra & Anr.

Mr. Amit Mane, for the Applicant in IA/2781/2026. Mr. Sandeep Phatak (through Video Conferencing), for Applicant/Original Accused in ABA/636/2025. Mrs. M. R. Tidke, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 24th AUGUST 2026 Mentioned out of turn at 03:00 p.m.. Heard Mr. Mane, learned Counsel appearing for the PC:-

#2. Applicant/Original Respondent No.2, Mr. Phatak, learned Counsel Sonali 72-IA-2781-2026.DOC appearing for Original Applicant/Accused and Mrs. Tidke, learned APP appearing for the Respondent-State.

#3. By this Interim Application, the Applicant/Original Respondent No.2-Nilesh Raghunath Gawade is seeking withdrawal of the amount of Rs.7,00,000/- deposited by the Respondent No.2 in this Court.

#4. Mr. Mane, learned Counsel appearing for the Applicant/Original Respondent No.2 and Mr. Phatak, learned Counsel appearing for Original Applicant/Accused state that the FIR which is the subject matter of the Anticipatory Bail Application i.e. C.R. No.209 of 2024 registered with Alankar Police Station, Pune City, Pune and the chargesheet No.134 of 2025 arising out of the said FIR has been quashed by consent.

#5. As far as the amount of Rs.7,00,000/-, which has been deposited in this Court pursuant to the order dated 14th October 2025 passed by this Court in Anticipatory Bail Application No.636 of 2025 is concerned, a learned Single Judge while passing the order of quashing of the FIR and Chargesheet, by order dated 7th Sonali 72-IA-2781-2026.DOC March 2026 in Writ Petition No.1004 of 2026 in paragraph No.15 has observed as under: “15. Mr. Rushikesh Barge states that Rs.7,00,000/- has been deposited in this Court. He states that the Petitioner has undertaken to pay Rs.7,00,000/- to Respondent No.3. He states that Respondent No.3 is entitled to withdraw the said amount of Rs.7,00,000/- from this Court. He, on instructions from the Petitioner present in Court, undertakes to give no objection to the withdrawal of the said amount, as and when Respondent No.3 makes an application for withdrawal before this Court. The statement of Mr. Rushikesh Barge is taken on record.”

#6. Accordingly, by consent of the parties, the Interim Application is allowed. The Applicant/Original Respondent No.2- Nilesh Raghunath Gawade is allowed to withdraw an amount of Rs.7,00,000/- deposited in this Court pursuant to order dated 14 th October 2025 passed by this Court in Anticipatory Bail Application No.636 of 2025 along with accrued interest.

#7. The Interim Application is disposed of in above terms. SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL 17:58:26 +0530 Sonali [MADHAV J. JAMDAR, J.]