Nareshkumar S/O Babulal Murti vs State Of Mah. Thr. Pso Ramdaspeth ...
2022 Latest Caselaw 7761 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.


          CRIMINAL APPLICATION (APL) NO. 774 OF 2022


         Nareshkumar s/o Babulal Murti, aged
         about 56 years, Occ. Teacher, R/o
         14/26, MHADA Colony, Ramnagar,
         Akola, Tq. & Dist. Akola.

                                                  ... APPLICANT

                              VERSUS
         State of Maharashtra,
         Through P.S.O. Ramdaspeth,
         Akola, Tq. & Dist. Akola.

                                                ... RESPONDENT
_____________________________________________________________
       Shri V.R. Deshpande, Advocate for the applicant.
       Shri S.M. Ukey, A.P.P. for non-applicant/State.
______________________________________________________________


                       CORAM         :   VINAY JOSHI, J.

                       DATED.        :   10.08.2022.


ORAL JUDGMENT :

Heard. ADMIT. The matter is taken up for final hearing

by consent of both parties.

2. The applicant who is accused no. 1 in MPID case No.109 of

2020 challenges the order dated 05.03.2022 on Exhibit 181, whereby

the Trial Court rejecting the application for defreezing the bank

accounts. The applicant seeks for de-freezing six bank accounts i.e. one

with State Bank of India and rest with the Oriental Bank of Commerce.

It is submitted that there is no justification in seizure of bank accounts.

In this application the applicant restricted his prayer to the extent only

three accounts, which are as follows :

Sr. no.                     Bank                        Account Number
1.        Oriental Bank of Commerce                  51682040023370
2.        Oriental Bank of Commerce                  51685071000018
3.        Oriental Bank of Commerce                  51686015001607

3. It is the applicant's case that account at Sr.No.1 is his salary

account, at Sr. No.2 is mere overdraft facility whilst account at Sr. no.3

is his housing loan account. It is submitted that these accounts does not

have any nexus with the crime and by freezing those accounts, he is

deprived from using his salary account as well as housing loan account.

Though the State resisted for de-freezing, no justifiable ground had

been made out. Learned A.P.P. conceded the position that the

cumulative amount at the credit of the applicant is as shown at the

communication dated 08.09.2020.

4. The applicant has pointed towards the communication

letter dated 08.09.2020 issued by the Bank specifying that the

cumulative balance at the credit of all applicant's account is merely

Rs.9291.74/-. Therefore, even on prima facie basis it cannot be said

that, the amount lying in his account has any direct nexus with the

crime or the amount is accumulation of fraudulent activity.

5. Having regard to the said fact, there is no reason to freeze

the applicant's aforesaid three bank accounts. Therefore, the

application is allowed. The impugned order dated05.03.2022 is

partially set aside. The applicant's three bank accounts with the

Oriental Bank of Commerce bearing account Nos.51682040023370,

51685071000018 and 51686015001607, are hereby defreezed.

6. The application is disposed of in the above terms.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

12.08.2022 16:23