Interim Order 4

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
ORDER BELOW EXH.38
(For relaxing condition for defreezing accounts)
1. This court by its order dated 20.10.2022, passed below various
applications filed under Section 457 of Code of Criminal Procedure for
release of property i.e. defreezing of bank accounts, allowed those
applications and observed that, “the restrictions for operation of bank
accounts mentioned in all these applications, are removed/withdrawn
subject to condition that applicants shall furnish Indemnity Bonds and
bank guarantee for three years, in the name of Addl. Chief Metropolitan
Magistrate, 9th Court, Bandra, Mumbai, of respective amounts transferred in
those accounts in respect of the disputed transactions relating to present
matter.” Thus, conditioned order by putting embargo of furnishing bank
guarantee.
2. Now the present applicant, one of those applicants by way of this
application sough relaxation of said condition stating that the condition is
harsh and something which he can not comply with it. Therefore, it shall
be relaxed and he shall be allowed to furnish only Indemnity Bond.
3. Ld. A.P.P. objected to it stating that allegations are serious and
considering the nature of offence, conditions can not be relaxed.
4. The amount lying in the bank account is Rs.24 lacs. Following
condition imposed by this court is having an effect that applicant shall
deposit same amount in the bank of furnishing bank guarantee. The
indirect effect of the said condition is that, the application is as good as
rejected. The other applications, which are allowed are having smaller
amount in their respective accounts. Therefore, the prayer needs due
consideration. Further, indemnity bond is there for securing the amount.
Considering all these aspects, the order needs to be modified as it is an
interlocutory order.
-- 1 of 2 --
C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
5. In view of above observations and considering contents of the
applicant, following order in the interest of justice -
ORDER
a. The application is allowed.
b. The amount of bank guarantee is reduced to 10% of the amount
lying in the concerned account i.e. the restriction imposed on bank
account of the applicant is removed/withdrawn subject to condition that
applicant shall furnish Indemnity Bond of Rs.24 lacs and bank guarantee
of Rs.2,40,000/- for three years, in the name of Addl. Chief Metropolitan
Magistrate, 9th Court, Bandra, Mumbai.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --