2022 Supreme(Online)(MP) 6839
HIGH COURT OF MADHYA PRADESH
Praveen Bumb – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRR 1289/2022
Vikas Rathi,Advocate General
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA ON THE 10th OF MAY, 2022 CRIMINAL REVISION No. 1289 of 2022 Between:-
1. PRAVEEN BUMB S/O BABULAL BUMB , AGED ABOUT 52 YEARS, OCCUPATION: BUSINESS BRAJDHAM RESIDENCY 196, SAKET NAGAR (MADHYA PRADESH)
2. SANGEETA BUMB W/O PRAVEEN BUMB , AGED ABOUT 53 YEARS, OCCUPATION: HOUSEWIFE BRAJDHAM RESIDENCY 196, SAKET NAGAR (MADHYA PRADESH)
3. KASTURI CHEMTECH INDIA PVT. LTD. THR ITS AUTHORIZED PERSON INDRA SINGH S/O SUMER SINGH DAGLIYA , AGED ABOUT 52 YEARS, OCCUPATION: DIRECTOR 103, DEMAND TRADE CENTRE, INDORE (MADHYA PRADESH)
.....PETITIONER (BY SHRI AKASH RATHI - ADVOCATE)
AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AERODRUM (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI N.S BHATI - GOVERNMENT ADVOCATE AND SHRI PRAVEEN KACHOLE - ADVOCATE FOR OBJECTOR)
This revision coming on for orders this day, the court passed the following:
ORDER
This revision filed under section 397 read with section 401 of the Signature Not VerifiedDigitally signed by D 18 a : t 2 e 6 : : 2 3 0 8 2 I 2 S . T 05.10 Cr.P.C for defreezing the bank accounts of the applicants. The present revision petition is preferred against the impugned order dated 24.03.2022 passed in ST No.54/2022 pertaining to crime no.15/2022 registered at police station Aerodrome, Indore for the offence under section 420, 467, 406, 468 of the IPC and 6(1) of the MP Nikshepako Ke Hiton Ka Sanrakshan Adhiniyam, 2000 passed by 19th Additional Sessions Judge, Indore whereby, the Court has dismissed the application preferred by the applicants under section 451 read with section 457 of the Cr.P.C for defreezing of the bank accounts of the applicants which were freezed on the order of the investigating authorities.
The facts of the case are that an FIR was lodged at police station Aerodrom Indore on 05.04.2022 in crime no.15/2022 for the offence under section 420, 467, 406, 468 of the IPC and section 6(1) of the MP Nikshpak Ke Hiton Ka Sanrakshan Adhiniyam, 2000 against the co-accused persons and applicant no.1 implicating them on the basis of memorandum prepared under section 27 of the Evidence Act. During the investigation, the investigating authority ordered the bank to freeze the bank accounts of the applicants. The details of the bank accounts are as follows:-
S.No.
name of the account holder
Bank Name
Branch Details
A/C number
Nature of account
1
Praveen Bumb
PNB Bank
Prem Trade Centre
0891010039012
Saving bank
Freeganj
Aggrieved by the aforesaid order, the applicants preferred an application under section 451 read with 457 of the Cr.P.C before the trial Court for defreezing the aforesaid bank accounts. However, the said application has been dismissed by the trial Court on the ground of the apprehension that liberty to operate the bank account may be misused by the applicants during the pendency of the trial.
2
Praveen Bumb
IDBI Bank
branch Ujjain
08810400046109 Saving
Bank
3
Sangeeta Bumb
ICICI Bank
Freeganj Ujjain
030001506314
Saving Bank
4
Kasturi Chemtech India Pvt. Ltd
PNB Bank
Premtrade Centre
0891250332354
Saving Bank
Learned counsel for the applicants submits that the applicant nos.2 and 3 are not accused in the present case. The applicant no.1 is only the accused in the present case. It is further submitted that the applicants are ready to furnish undertaking and security before the trial Court before defreezing the accounts to the satisfaction of the trial Court to the effect that in case if the amount of the account is directed to be forfeited, the same shall be made available before the trial Court.
Learned counsel for the respondent/state and the objector submits that the applicant no.1 is an accused in the case and there is likely to misuse the liberty and therefore, the direction may be issued to furnish adequate security to the satisfaction of the trial Court before permitting Signature Not VerifiedDigitally signed by SAN SOURABH YADAV the applica