Interim Order 14

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
COMMON ORDER BELOW APPLICATIONS, EXHS.46, 97, 104
(For defreezing accounts)
1. These applications under Section 457 of Code of Criminal
Procedure for release of property i.e. defreezing of bank accounts,
mentioned in the applications.
2. The summary of these applications is that in connection with the
present offence their accounts mentioned in the applications were frozen
by Investigating Officer. Applicants have no connection with the alleged
acts and till date cooperated with the investigation. Due to action taken by
respondent, its every economic activity as mentioned in the applications
are stopped. Applicants are ready to remain abide by the conditions, if
any, imposed.
3. Ld. A.P.P. objected to it, stating that allegations are serious.
Investigation is yet incomplete, though charge sheet is filed. There found
connections between those accounts and the alleged transactions. There is
possibility of tampering. Therefore, applications shall be rejected.
4. On perusal of record it is noticed that the amount lying in all the
accounts is high, however amount transferred is very low, though one of
the application is of accused Miss Priyanshi Kandpal. As observed in
previous order of same nature at the cost of repetition, it is necessary to
mention that First Information Report is only in respect of an amount
about Rs.14 lacs, however number of accounts frozen in which crores of
rupees are lying. There found no connection between the amount
mentioned in the First Information Report and the amount lying in the
accounts. It means, as observed in previous orders, the evidence to
suggest that the amount is the same amount in respect of which offence
was registered and charge sheet is filed is comparatively weak. The
investigation relating to it is over. The accounts are main business
-- 1 of 2 --
C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
accounts of the applicants. Due to freezing of accounts every activity of
the applicants is halted. Applicants are ready to remain abide by the
conditions, if ordered. Evidence already collected. There appears no
hindrance in allowing the applications as applicants may suffer
irreparable loss and investigation relating to account is already over.
Considering the status of the applicants, above referred aspects of the
matter and the fact that other applications of the same nature, already
allowed, following order -
ORDER
a. The applications, Exhs.97 and 104, are allowed. The restrictions for
operation of bank accounts mentioned in all these applications, are
removed/withdrawn subject to condition that they shall furnish their
detailed addresses and proofs thereof.
b. The application, Exh.46, filed by accused Miss Priyanshi Kandpal,
is also allowed and the restrictions for operation of bank account
mentioned in the said application, is removed/withdrawn subject to
condition that she shall furnish Indemnity Bond of Rs.10,00,000/- (Rs.
Ten Lacs) and bank guarantee of Rs.3,00,000/- (Rs. Three Lacs) for three
years, in the name of Addl. Chief Metropolitan Magistrate, 9th Court, Bandra,
Mumbai.
c. The Investigating Officer/P.S.O., of respondent police station, is
directed to issue letter to concerned bank and request for defreezing of the
bank accounts mentioned in all these applications after compliance of the
above order.
d. Issue letter to the respondent/Investigating Officer of concerned
police station accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --