Refund of rs 5 lakh amount deposited for conditional bail after acquital
Harsh
(Querist) 18 May 2015
This query is : Resolved
Dear sir,
My query is as follows:-
1.FIR WAS LODGED AGAINST ME UNDER SECTION 420 AND 406 IN THE YEAR 2006.
2.I applied for anticipatory bail in high court which was granted subject to condition deposition of rs 5 lakh to the complainant in the presence of investigating officer within 15 days which shall be finally adjustable.
3.I complied with the same condition to take anticipatory bail.
4.Now i am acquitted from the case as the complainant and state could not prove anything in the court.
5.Its been more than 3 months and no appeal is filed against the aquital order .
Now i want to know how can i get my rs 5 lakh back from the complainant.What steps should i take???
Should i move an application in high court by whom direction it was deposited or should i move an application in lower court for direction???
Pls suggest i would highly thankful to all of u.
Jeetender Gupta
(Expert) 18 May 2015
You can file an application in your anticipatory bail case in HC & cite acquittal order. You may also be required to file separate civil recovery proceedings. However, need to see your bail & acquittal orders to provide appropriate opinion.
Hardik Mehta
(Expert) 18 May 2015
YOu just need to move the application to return back your money and discharge any bail bonds and surety on the grounds of discharge. Any appeal will not hinder in the releasing of the amount since you are acquitted.
Rajendra K Goyal
(Expert) 18 May 2015
File application for orders for refund of your money.
Dr J C Vashista
(Expert) 19 May 2015
I agree with experts. However, whether the High Court had granted you the anticipatory bail or Sessions Court?
In this case the trail was conducted by which court? Submit application to the same court which conducted trail for return of the amount deposited.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
By an order of the high court you have deposited the said amount complying the conditions of bail, so you may approach the same court where you have made the deposit for return of the same. Initiate the steps you will come to know about further legal formalities one you get your application rejected or approved.
Biswanath Roy
(Expert) 01 June 2015
Order of the High Court relating to grant of conditional bail and direction to deposit the amount ought to be disclosed before us for proper guiedance and opinion
