Advocates:
['YADNYESH KOTKAR', '', 'AMBARISH GAVANDALKAR', 'NAIK RONIT DAYANAND', 'KAMLAKANT POULEKAR', 'SAGAR GURUDAS DHARGALKAR']

1 2-wpcr-40-2021

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.40 OF 2021

SUKHWINDER SINGH,

PRESENTLY LODGED AT

JUDICIAL LOCK UP,

COLVALE MODERN

JAIL, COLVALE

….PETITIONER

Versus

STATE,

AS REP. BY THE OFFICER

IN CHARGE, ANJUNA

POLICE STATION,

ANJUNA AND ANR.

…. RESPONDENTS

Mr. Y. Kotkar holding for Mr. K. Poulekar, Advocate for the

Petitioner.

Mr. Sagar Dhargalkar, Additional Public Prosecutor for the

Respondents.

Coram:- SMT. M.S. JAWALKAR, J.

Date:- 3^rd AUGUST 2021

ORAL ORDER :

Heard Mr. Y. Kotkar, learned Counsel for the petitioner

and Mr. Sagar Dhargalkar, learned Additional Public Prosecutor

for the respondents.

2.

It appears that the petitioner is arraigned as an accused in

Sessions Case (302) No.09/2019, for the offences punishable

under Section 302 of IPC in connection with FIR No.55/2019

dated 27.04.2019, registered at the Anjuna Police Station.

2 2-wpcr-40-2021

3.

The case against the petitioner is that on 22.05.2019 at

around 6.00 hrs. at flat no.309, 3^rd floor, Heritage Exotica

Apartment, Arpora, the petitioner committed murder of his

wife, namely Alka Saini, by slitting her neck with a knife.

4.

The petitioner is an account holder of account bearing

no.5412321613 of Kotak Mahindra Bank, Kapurthala Branch,

Punjab. The said account has been frozen under instructions of

respondent no.1 for the purpose of investigation. Now

chargesheet is filed by the prosecution. There is no mention of

freezing of account by the prosecution in the chargesheet.

Therefore, the petitioner has moved the present petition

praying to defreez the said account and to permit him to

operate the said bank account.

5.

In reply, the learned Additional Public Prosecutor,

specifically stated that the bank account was freezed in order to

trace the accused and it also appears that there is no objection

for defreezing the said account on the part of the prosecution.

The learned Additional Sessions Judge rejected the application

on the ground that as freezing of account does not form a part

of chargesheet nor for the purpose of investigation in this case.

3 2-wpcr-40-2021

As it does not form seizure of the property during investigation

the application cannot be granted under Section 457 of the

Criminal Procedure Code.

6.

In my opinion, once it is clear that the account was frozen

merely during the investigation stage to trace the petitioner

and it is not at all relevant for the purposes of trial, the learned

Additional Sessions Judge ought to have granted the application

of the petitioner. The learned Additional Sessions Judge ought

to have considered that the petitioner/accused, herein, is

already taken into custody and there is no impediment in

defreezing the said account. The order passed is patently

erroneous and liable to be quashed and set aside. The account

so freezed at the instance of the prosecution is liable to be

defreezed.

7.

Hence, I proceed to pass the following Order :

O R D E R

(i) The Criminal Writ Petition is allowed.

(ii) The order dated 17.05.2021 of the learned

Additional Sessions Judge, Mapusa, is set

aside.

4 2-wpcr-40-2021

(iii)

The account no.5412321613 of Kotak

Mahindra Bank, Kapurthala Branch, Punjab, in

the name of Sukhwinder Singh/the petitioner,

is hereby directed to be defreezed and the

petitioner is allowed to operate the said

account.

(iv) I.O. to take necessary steps.

8.

All concerned to act on the basis of an authenticated cop