Sayyad Nadimulhaq S/O. Sirajulhaq and Anr. v. the State of Maharashtra and Anr.
Case brief
What is this about?
Hearing an anticipatory bail application wherein the father applicant died and the son applicant sought to withdraw the application and get the deposited amount refunded after surrendering.
What did the court decide?
Application dismissed as withdrawn; amount of Rs. 3,29,000/- deposited be refunded to the applicant.
What the court decided
( 1 )
4Appln1721.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
4 ANTICIPATORY BAIL APPLICATION NO. 720 OF 2020 WITH APPLN/1721/2020 IN ABA/720/2020
WITH APPLN/2037/2020 IN ABA/720/2020
- Sayyad Nadimulhaq S/o. Sirajulhaq, Age. 60 years, Occ. Retired,
- Sayyed Moizulhaq S/o. Nadimulhaq,
- Age. 26 years, Occ. Business,
Both applicants R/o. Pirjad Galli, Tq. Vaijapur, Dist. Aurangabad. ...Applicants.
Versus
- The State of Maharashtra.
- The Superintendent of Police, Aurangabad (Rural), Dist. Aurangabad. ...Respondents.
Issues for consideration
2 issues framed by the court
Whether the deposit amount in anticipation of bail is refundable upon withdrawal of the application due to the death of the other applicant.
Whether the failure of applicants to deposit the remaining bail amount constitutes misuse of the court process barring refund.
Parties & counsel
- petitioner
Sayyed Moizulhaq
- respondent
The State of Maharashtra
Coram
MANGESH S. PATIL
Case details
As recorded by the court registry
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