Sangitrao Pundlikrao Thorat vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 9721 Bom

15.cwp.554.22.jud                                                                   1/2

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

                    CRIMINAL WRIT PETITION NO.554 OF 2022

Petitioner               :          Sangitrao Pundlikrao Thorat,
                                    Aged about 52 years, Occ. Retired,
                                    R/o Chaitany Housing Society, Near Joshi Bhavan,
                                    Gourakshan Road, Akola, District Akola.
                                    - Versus -
Respondent               :          State of Maharashtra,
                                    through Police Station Officer,
                                    Ramdaspeth, Akola, Tah. & District Akola.

               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               Mr. R.D. Karode, Advocate for the Petitioner
               Mrs. M.H. Deshmukh, A.P.P. for the Respondent
               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

               CORAM            :        VINAY JOSHI, J.

               DATE             :        23rd SEPTEMBER, 2022.

ORAL JUDGMENT :-

Rule. Rule made returnable forthwith. Heard finally by consent of

both sides.

02] The petitioner, who is accused No.5 in MPID Case No.109/2020,

seeks to challenge the order dated 24/03/2022 by which the Special Court

has rejected to de-freeze the petitioner's bank account having

No.00090001011510063 in Punjab National Bank, Main Branch, Akola. It is

submitted that even as per the case of the prosecution, in the enquiry held

15.cwp.554.22.jud 2/2

under Section 88 of the Maharashtra Cooperative Societies Act, the

petitioner's liability was to the extent of Rs.50,000/-. The account which has

been freezed by the Investigating Officer, was the petitioner's pension account,

which has no relevance at all.

03] The State has filed affidavit-in-reply dated 19/09/2022, which is

signed by Shri K.D. Pawar, API, Police Station Ramdaspeth, Akola. In reply, it

is stated that on verification, it was found that the concernrd account was the

petitioner's pension account and thus, they have no objection for de-freezing

the account.

04] In view of the above, the following order is passed :

           i.     The petition is allowed.

           ii.    The Impugned order dated 24/03/2022 passed on Exh.178 in

Special M.P.I.D. Case No.109/2020 is set aside.

iii. The petitioner's above referred bank account with Punjab National

Bank is hereby de-freezed.

iv. The petition stands disposed of. Rule is made absolute in the above

terms.

(VINAY JOSHI, J.) *sandesh

Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Signing Date:26.09.2022 17:52