Visvveer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12092 MP

                                                    1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                             CRA No. 520 of 2022
                                   (VISVVEER SINGH Vs THE STATE OF MADHYA PRADESH)

              Dated : 12-09-2022
                      Shri Prem Singh Bhadouria, learned counsel for the appellant.

                      Shri Dheeraj Kumar Budholiya, Panel Lawyer for the respondent /State.

Heard on I.A. No. 10801/2022, an application seeking permission to start the transaction in relation to the SBI saving Bank Account No. 30383273230.

The said I.A. has been filed by the appellant /accused namely Viswaveer Singh stating therein that in relation to this case his Bank pass book bearing SBI

saving Bank Account No. 30383273230 was seized by the police. The said saving Bank Account is in the joint name of the appellant and his wife. The learned trial Court has not given any direction in its judgment dated 07/01/2022 in respect to the release of seized account. The said saving Bank Account was opened and transactions were done before lodging of an FIR and the Bank is not ready to permit to operate the account because the appellant has been convicted by the learned trial Court, therefore, the instant application be allowed and the SBI saving Bank Account No. 30383273230 be permitted to operate.

The respondent /State has filed reply to the application vide document

No. 6128/2022 stating therein that the amount which was extracted by the appellant /accused from the complainant by cheating was deposited in the said SBI saving Bank Account No. 30383273230. The learned trial Court has found the appellant /accused guilty of the offence punishable under sections 419, 420, 467 & 468 of IPC, therefore, the said saving Bank Account used to deposit the Signature Notmoney Verified obtained by cheating cannot be released for operation since the appeal is Signed by: SANJAY NAMDEORAO DURGEKAR still pending. Further arguments is that the appellant /accused in his statement Signing time: 14-09-2022 10:49:23 AM

of memorandum informed that the money taken by cheating the complainant was deposited in the joint SBI saving Bank Account No. 30383273230 of the appellant /accused and his wife. The prosecution witnesses namely Jainendra Singh (PW/9) and Nathu Singh (PW/10) have corroborated and proved the statement of memorandum, therefore, it is prayed that the instant application filed by the appellant /accused be dismissed.

Heard and perused the material available on record. In view of the above fact that the alleged amount obtained from cheating was deposited in the SBI saving Bank Account No. 30383273230 and the appellant /accused is convicted for the offence punishable under sections 419,

420, 467 & 468 of IPC, this Court does not find it appropriate to release the amount deposited in the SBI saving Bank Account No. 30383273230 to the appellant /accused during pendency of this appeal.

Consequently, I.A. No. 10801/2022 is hereby dismissed.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 14-09-2022 10:49:23 AM