Bombay High Court
Bharat Jairam Sawant (Since ... vs The State Of Maharashtra on 5 May, 2022
Bench: Prakash Deu Naik
3-IA-1039-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1039 OF 2021
IN
CRIMINAL APPEAL NO.595 OF 2018
1. Bhakti Bharat Sawant
2. Saurabh Bharat Sawant
3. Akshat Bharat Sawant ...Applicants/Appellants
IN THE MATTER BETWEEN :-
The State Of Maharashtra ...Appellant
Versus
Bharat Jairam Sawant ...Respondent
(Since Deceased)
....
Mr. Sumant Deshpande, Advocate for the Applicants.
Mr. S. V. Gavand, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 5th MAY, 2022.
PER COURT:
1. The applicants are seeking return of Rs.12,51,800/-
deposited in the bank and de-freezing their bank accounts. The
applicants are legal heirs of Bharat Jairam Sawant. He was
prosecuted for offence punishable under Section 13(1)(e) r/w
Section 13(2) of Prevention of Corruption Act, 1888 (for short "PC
Act"). He was acquitted vide judgment and order dated 8 th March,
2017. While acquitting him, the trial court was directed that the
seized property of Rs.12,51,800/- deposited in the bank with
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT Sajakali Jamadar 1 of 6
JAMADAR
LIYAKAT Date:
JAMADAR 2022.05.06
17:30:09
+0530
3-IA-1039-2021.doc
interest be returned to the accused after appeal period and after
confirmation that no appeal is filed. It was also directed that in the
event the appeal is filed challenging the order of acquittal, the
seized property would be subject to the orders of Appellate Court.
It was also directed that the freezed bank accounts of accused, wife
and sons be de-freezed after the confirmation of appeal if not filed
the case. In case the appeal is preferred, the freezing of the
account would be subject to orders of Appellate Court.
2. Bharat Jairam Sawant was also prosecuted by Special
Case No.78 of 2010 along with co-accused for offences under
Sections 7, 13 (1)(d) r/w Section 13(2) of PC Act. Vide judgment
and order dated 31st December, 2013, Bharat Jairam Sawant was
acquitted by the Special Judge under the PC Act.
3. The Judgment of acquittal dated 8th March, 2017
passed by the Special Judge (under ACB Act), City Civil and
Sessions Court, Gr. Bombay, in Special Case No.90 of 2014 was
challenged by the State of Maharashtra by preferring in Criminal
Appeal No. 595 of 2018.
4. During the pendency of Criminal Appeal No. 595 of
2018 the original accused Bharat Jairam Sawant had passed away
on 8th November, 2020. Vide order dated 4th December, 2020 this
Sajakali Jamadar 2 of 6
3-IA-1039-2021.doc
Court had disposed of the appeal as abated on account of death of
respondent-convict. The death certificate of Bharat Jairam Sawant
was taken on record.
5. The applicant No.1 in this application is the wife of
Bharat Jairam Sawant and applicant Nos. 2 & 3 are his sons.
6. Learned Advocate for applicants has submitted that
the applicants are legal heirs of Bharat Jairam Sawant. Since the
appeal is disposed of as abated, the amount which was directed to
be returned to the accused may be returned to the applicants. It is
further submitted that the bank account which was freezed during
the course of investigation may be de-freezed. The applicants have
placed on record the documents to establish their identity viz.
aadhar card, pan card, birth certificate etc. The applicants have
also filed affidavit dated 26 th April, 2022. In the affidavit filed by
applicant No.1 it is stated that she is the wife of deceased Bharat
Jairam Sawant. She had married to him on 27th March, 1982.
Applicant Nos. 2 & 3 are her sons. The applicants are the only legal
heirs of Bharat Jairam Sawant. His parents have died. There is no
other legal heir to Bharat Jairam Sawant. The applicants are
entitled to receive the seized money of Rs.12,51,800/- with
interest. The documents i.e. aadhar card, marriage certificate,
death certificate of Bharat Jairam Sawant are annexed to the
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3-IA-1039-2021.doc
affidavit. Applicant Nos. 2 & 3 have also filed the affidavits dated
27th April, 2022 stating that the applicants are the only legal heirs
of Bharat Jairam Sawant. They have no objection, if the
cheque/D.D. of the aforesaid amount be drawn in the name of
applicant No.1, who is their mother. Along with affidavit the copies
of aadhar card, pan card and birth certificate are annexed in
support of their submissions that they are legal heirs of deceased
Bharat Jairam Sawant.
7. Learned APP submitted that the appeal preferred by
the State of Maharashtra has been already disposed of due to death
of respondent No.1 therein Bharat Jairam Sawant.
8. From the documents on record and the affidavits
placed on record, it is apparent that the applicants are the legal
heirs of Bharat Jairam Sawant was prosecuted for offence under
the PC Act and the case has resulted in acquittal. In the judgment
and order dated 8th March, 2017 it was directed by the trial Court
that the seized amount of Rs.12,51,800/- deposited in the bank
with interest be returned to the accused after appeal period is over.
As stated above, the State had preferred an appeal challenging the
order of acquittal which is disposed of as abated. Thus, there is no
impediment in complying the directions of the trial Court and to
return the amount to the applicants being legal heirs of Bharat
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3-IA-1039-2021.doc
Jairam Sawant. The judgment and order dated 8 th March, 2017
also directs that the freezed bank accounts of the accused, wife and
sons be de-freezed after it is confirmed that the appeal is not filed
and in case of appeal, the freezing of account is subject to the
orders of appellate Court.
9. Thus, the bank account of the applicants as well as the
original accused which were freezed during the course of
investigation are required to be de-freezed in view of directions in
the order dated 8th March, 2017 passed by the Special Judge
(under ACT Act), City Civil and Sessions Court, Greater Bombay as
it has attained finality.
10. Considering the aforesaid aspects, I pass the following
order :
ORDER
i. In accordance with directions in judgment and order
dated 8th March, 2017 passed by Special Judge in Special Case
No.90 of 2014, the amount of Rs.12,51,800/- deposited in the
bank during investigation be returned to the applicants along
with interest accrued on the deposit.
ii. The bank accounts of the applicants and the original
accused be de-freezed in accordance with directions stipulated
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in order dated 8th March, 2017 passed by the Special Court in
Special Case No.90 of 2014.
iii. The cheque/D.D. for the amount of Rs.12,51,800/-
along with interest accrued therein be issued in the name of
applicant No.1 - Bhakti Bharat Sawant.
iv. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 6 of 6
