Mehboob Ali vs State (2023:Rj-Jd:31062-Db)
2023 Latest Caselaw 7594 Raj

[2023:RJ-JD:31062-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal (Db) No. 42/2018

Mehboob Ali S/o Shri Barkat Ali, By Caste Musalman, R/o Behind Haider Masjid, Gopeshwar Basti, Bikaner, District Bikaner. Presently Lodged In District Jail Bikaner

----Appellant Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Hardik Gautam For Respondent(s) : Mr. B.R. Bishnoi, PP Mr. Milap Chopra

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

21/09/2023

1. Application (01/23) has been filed by the complainant -

Hanuman Mal Daga in F.I.R. No.91/2012 Police Station

Gangashahar, District Bikaner, which led to the conviction of the

appellant by the Additional Session Judge No.3, Bikaner by

judgment dated 23.01.2018 seeking release of the fixed deposit

amounting to Rs.1,43,240/- (principal amount), which amount

was recovered from accused - Shyam Lal in currency notes of

denomination of Rs.500/- and 1,000/- and due to demonetization,

the said amount was converted into a fixed deposit.

2. Submissions have been made that the Sessions Judge vide

its judgment dated 23.01.2018 had directed delivery of the said

FDR to the complainant after the period of appeal was over. As the

[2023:RJ-JD:31062-DB] (2 of 3) [CRLAD-42/2018]

appeal has been filed by the appellant - Mehboob Ali, the FD has

not been released to him.

3. Submissions have been made that except for the

complainant, no one has made any claim qua the said amount,

inasmuch as accused - Shyam Lal from whom the amount was

recovered, has in his statement denied that the same was not

recovered from him and he has been acquitted by the Sessions

Court. The appellant in the present case has no claim on the said

amount.

4. Submissions have also been made that the complainant is

suffering from various ailments and the amount is required for his

treatment and, therefore, the fixed deposit, which is lying with

SHO, Police Station Gangashahar, District Bikaner, be directed to

be released to the petitioner and the bank may be directed to pay

the amount of FDR, with interest, to the complainant-applicant.

5. The application is not contested by the appellant as well as

learned Public Prosecutor.

6. We have considered the submissions made by learned

counsel for the parties and perused the material available on

record. As the submissions made by the counsel for the

complainant, as noticed hereinbefore, have not been controverted

and are in terms of the record of the case, the application is

allowed.

7. The SHO, Police Station Gangashahar, District Bikaner is

directed to handover the fixed deposit receipt, principal amount of

which was Rs.1,43,240/- lying with him in relation to F.I.R.

No.91/2012 in Session Case No.143/2012 to the complainant -

[2023:RJ-JD:31062-DB] (3 of 3) [CRLAD-42/2018]

Hanuman Mal Daga. The bank is directed to make payment of the

said FDR to the complainant along with interest.

8. It would be required of the complainant to file an

undertaking before this Court within a period of one week to the

effect that in case, any order is passed by this Court, he would

refund back the amount.

9. The FD would be handed over by the SHO, Police Station

Gangashahar, District Bikaner to the complainant only after the

undertaking is filed before this Court.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

40-Payal/-

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