Bank Of Maharashtra Through Its ... vs The State Of Maharashtra
2021 Latest Caselaw 4541 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                CRIMINAL WRIT PETITION NO. 662 OF 2021

Bank of Maharashtra                                      ... Petitioner
      V/s.
The State of Maharashtra                                 ... Respondent


Mr.Sanjeev Kadam a/w. Mr.Sameer Mhatre for Petitioner.
Mr.Amit Palkar, A.P.P. for Respondent-State.

                                      CORAM : A.S. GADKARI, J.

DATE : 11th March 2021.

P.C. :

By the present Petition, the petitioner has impugned Order dated

27th August 2019 passed by the learned Additional Chief Judicial Magistrate,

Pune, below Exh.1, in Criminal Misc. Application No.2312 of 2017, thereby

directing the Investigating Officer to open a separate account and deposit the

seized amount therein. The petitioner has also impugned Order dated 22 nd

January 2020, thereby dismissing its Criminal Revision Application No. 498 of

2019 and confirming the Order dated 27th August 2019.

2. Heard Mr.Kadam, learned counsel for the petitioner and

Mr.Palkar, learned A.P.P. for the respondent-State. Perused record.

3. The record indicates that, on the basis of a complaint lodged by

the Deputy Zonal Manager of the petitioner, a Crime bearing CR No. 76 of

2017, dated 8th March 2017, was registered with Shivajinagar Police Station,

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Pune. The said Crime was subsequently investigated by Cyber Police Station,

Pune City. During the course of investigation, the Cyber Police seized total

amount of Rs.6,13,30,587/-, which was in the form of cash and also from

various accounts of the accused persons. After completion of investigation,

Cyber Police Station, Pune submitted chargesheet before the Court of

competent jurisdiction.

4. The petitioner-bank thereafter filed an application below Exh.1 in

Criminal Misc. Application No. 2312 of 2017 for return of the said property,

i.e. the amount seized by Cyber Police Station, Pune. The Trial Court by its

impugned Order dated 27th August 2019, rejected the said application on the

ground that, the Chargesheet has been filed in the matter and it cannot be

held that, the amount seized from various companies was infact the amount

misappropriated. That, a separate bank account has been opened by the

Investigating Agency, in which the seized amount is deposited and therefore,

no prejudice would be caused to the petitioner-bank, if the amount is not

refunded to it at this stage.

Criminal Revision Application No. 498 of 2019 preferred by the

petitioner has been turned down by the Revisional Court by its impugned

Judgment and Order dated 22nd January 2020.

5. Shri Rajkumar Waghchavre, Police Inspector attached to Cyber

Police Station, Pune City has filed a detailed affidavit dated 27 th February

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2021 in the present petition. In para No.9 of the said affidavit, he has made a

categorical statement that, in the circumstances mentioned therein, the

Investigating Agency bears no objection to release the said amount of

Rs.6,13,30,587/- to the first informant-bank, subject to any terms and

conditions as may deem fit to this Court.

6. According to this Court, undoubtedly the amount involved in the

present crime is public money and the petitioner-bank is its custodial. Keeping

the said amount deposited with in a separate account opened by the

Investigating Agency will not serve any purpose. If the said amount is handed

over to the petitioner-bank, it may utilize it for the betterment of its account

holders. As noted earlier, the Investigating Agency has given no objection for

release of the said amount in favour of the petitioner-bank.

7. In view thereof, impugned Judgment and Order dated 22 nd

January 2020 passed in Criminal Revision Application No.498 of 2019 and

Order dated 27th August 2019 passed below Exh.1 in Criminal Misc.

Application No. 2312 of 2017 are set-aside.

8. The Investigating Agency of CR No.76 of 2017 i.e. Cyber Police

Station, Pune City is hereby directed to release the said amount of

Rs.6,13,30,587/- in favour of the petitioner-bank within a period of three days

from the date of receipt of the present Order. The petitioner-bank is directed

to submit an Affidavit-cum-Undertaking before the Trial Court seized of the

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trial of present Crime i.e. CR No.76 of 2017, originally registered with

Shivajinagar Police Station, Pune and subsequently investigated by Cyber

Police Station, Pune City. The said Affidavit-cum-Undertaking, apart from

usual clauses will also incorporate a specific clause that, in case after

conclusion of trial, if the Trial Court directs the petitioner-bank to bring back

the said amount, the petitioner-bank will bring the said amount back before

the Trial Court without any demour or protest.

9. Upon filing such an Affidavit-cum-Undertaking before the Trial

Court, the Investigating Agency is directed to immediately release the said

amount in favour of the petitioner-bank.

10. Petition is allowed in the aforesaid terms.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Date:

Kumbhakarn 2021.03.11 18:38:56 +0530