Gujarat High Court
Sandeep Jot Singh vs State Of Gujarat on 4 February, 2022
Bench: B.N. Karia
R/CR.RA/287/2018 ORDER DATED: 04/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 287 of 2018
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SANDEEP JOT SINGH
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
MR RC KODEKAR(1395) for the Respondent(s) No. 2
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 04/02/2022
ORAL ORDER
1. By way of present application, applicant has prayed for
following reliefs:
"a) This Hon'ble Court be pleased to admit and allow the
application;
b) This Hon'ble Court be pleased to call for record and
proceedings;
c) This Hon'ble Court be pleased to quash and set-aside
the impugned judgment order dated 27.02.2018 passed in
CBI Criminal Misc. Application No.30 of 2018 in Special
Case No.18/2017 in RC0292017A0010 vide Exhibit-6 and
further seeking de-freezing/releasing of his salary account
no.20052503538 S.B.I., OSLO BRANCH, GANDHIDHAM."
2. Heard learned advocate appearing for the applicant, learned
APP appearing for the respondent-State and Mr. R.C. Kodekar,
learned Special Public Prosecutor appearing for the respondent No.2.
3. Having heard learned advocates appearing for the respective
parties and learned APP appearing for the respondent-State, it
R/CR.RA/287/2018 ORDER DATED: 04/02/2022
appears that applicant came to be arrested in connection with a FIR/
complaint being RC0292017A0010 dated 18.9.2017 registered
against the applicant at CBI/ACB/Gandhinagar Police Station.
Thereafter, Investigation Officer submitted charge-sheet in the said
F.I.R. on 25.11.2017. After filing of the charge-sheet, present
applicant preferred regular bail application i.e. Criminal Misc.
Application No.354 of 2017 and said application was allowed by
releasing the applicant on regular bail.
4. It also appears that during the investigation, the Investigation
Officer and other senior officers conducted a search in the house of
the present applicant. During the search, C.B.I. Officers seized
different articles from the applicant's house and further prepared a
search list dated 18.09.2017. It further appears that CBI also freezes
the salary account of the present applicant i.e. A/C No. 20052503538
maintained with S.B.I., Oslo Branch, Gandhidham.
5. If we refer the affidavit filed by Mr. Sandeepsingh
Sureshsingh Bhadouriya working as Deputy Superintendent of
Police, Central Bureau of Investigation, at Page No. 62, he has
clearly stated in Paragraph No.7, which is as under:
"That, it is submitted that as investigation of the case is
completed and there is no other matter pending with CBI.
R/CR.RA/287/2018 ORDER DATED: 04/02/2022
Hence, salary account of Shri Sandeep Jot Singh is not
required to continue as Freezed."
6. Considering the affidavit submitted by the respondent No.2
produced herein at Page No.62 and raising no objection in de-
freezing the salary account as prayed by the present applicant,
learned Special Public Prosecutor has requested to pass necessary
order as the investigation is over by the Investigating Agency and as
per the affidavit of the Deputy Superintendent of Police, Central
Bureau of Investigation, prayer made by the applicant requires
consideration.
7. Accordingly, present application is hereby allowed. The
impugned judgment and order dated 27.02.2018 passed by learned
Special Judge, C.B.I. Court No.9, Mirzapur, Ahmedabad in C.B.I.
Criminal Misc. Application No.30 of 2018 in Special Case No.18 of
2017 is hereby quashed and set aside.
8. Salary Account of the applicant i.e. A/C No. 20052503538
with S.B.I., Oslo Branch, Gandhidham is ordered to be de-freezed by
the respondent No.2 forthwith and intimation thereof may be given
to the concerned Bank Authority forthwith. Rule is made absolute to
the aforesaid extent.
(B.N. KARIA, J)
SUYASH
