Final Order 1

Order Details: Order
Pdf Text: –1– C.C. NO.301/MISC./2025
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 301 OF 2025
C.C.NO. 756/PW/2024
Vipin Sureshkumar Dagar ...Applicant/Accused
V/s.
The State of Maharashtra
Through DCB CID UNIT-CIU ...Respondent
ORDER BELOW APPLICATION FOR DE-FREEZING OF ACCOUNT
The applicant has made an application for defreezing of his
bank saving account bearing No. 20179159751 with State Bank of
India.
2. It is the contention of the applicant/accused that his
monthly salary is credited in the above said account and due to freezing
of accused it is difficult for him to sustain his living. Hence, he prays for
de-freezing of above said bank accounts.
3. The learned APP has taken objection on the ground that the
applicant/accused the amount of the offence is deposited in the above
said account. The transaction was done from this account. The other
accused also deposited amount in the above said account. If the
applicant/accused is permitted to operate the above said account, there
is possibility of tampering. Hence, he prays for rejection of the
application.
4. The Investigating Officer has given his no objection to de-
freeze the above said account by keeping lien on the amount of
Rs.2,23,000/-.
5. Perused the record. Heard both parties. It is contention of
the applicant he is the accused in the present crime and during
investigation, his above said account came to be seized as per the
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–2– C.C. NO.301/MISC./2025
directions of investigating agency. According to the prosecution, said
account was used for purpose of transfer of the amount involved in the
crime. The report of the Investigating Officer itself shows that an
amount of Rs.2,23,000/- was lying the above said account at the time of
freezing the said account and an amount of Rs.2,50,581 is lying the said
account. The prosecution raised apprehension that the evidence will be
tampered if said account is de-freezed. But the I.O. has given his no
objection to de-freeze the said account by keeping lien on amount of
Rs.2,23,000/-. It is salary account of the applicant. His monthly salary
is going to be credited in the said account. In the circumstances, if
application is rejected, it will cause inconvenience to the applicant as he
will be restrained from operating the account. Considering the
apprehension of prosecution and need of the applicant/accused it will
not be appropriate to freeze the account. By imposing certain
conditions. Hence, I pass the following order :-
ORDER
1) The Investigating Officer is directed to defreeze the saving bank
account bearing No. 20179159751 with State Bank of India
having IFSC – SBIN0007113 by keeping lien on the amount of
Rs.2,23,000/- on executing indemnity bond of Rs.2,50,000/- by
the applicant.
2) The above said bank is directed to keep lien on the amount of
Rs.2,23,000/- lying in the above said account and permit the
applicant to use the above said account from the date of
communication of order.
Date : 06.02.2025 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai
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