HIGH COURT OF RAJASTHAN
BIRENDRA KUMAR
SHASHIKANT JOSHI S/O LATE SUKHDEV PRASAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/8356/2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8356/2022
1.
Shashikant Joshi S/o Late Sukhdev Prasad, R/o E-249,
Near Power House, Shastri Nagar Extension, Ajmer.
2.
Manjula Joshi W/o Shashikant Joshi, R/o E-249, Near
Power House, Shashtri Nagar Extension, Ajmer.
----Petitioners
Versus
State Of Rajasthan, Through Special Public Prosecutor.
----Respondent
For Petitioner(s)
:
Mr. Mohit Khandelwal, Adv.
For Respondent(s)
:
Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/02/2023
The petitioner No.1 is an accused in FIR No.120/2021
registered with Police Station Anti Corruption Bureau Jaipur for
offences punishable under Sections 7, 7A, 8 and 12 of The
Prevention of Corruption Act, 2018 as well as under Section 466
and 120-B of IPC.
Two Bank accounts of the petitioner were seized suspecting
that bribe money was deposited in these accounts. By the
impugned order dated 01.09.2022, the Learned Court below
ordered for defreezing of S.B. Bank Account No.20232300830 in
the State Bank of India, Branch Naka Madar, District Ajmer,
however directed that money deposited in these accounts on the
date of freeze cannot be withdrawn by the petitioner.
Learned counsel for the petitioners submits that in the
matter of another Bank Account of the petitioner seized in the
(2 of 2)
[CRLMP-8356/2022]
same case, this Court has passed order for defreezing of the entire
amount standing in the Bank account vide order dated 09.11.2022
passed in S.B. Criminal Misc. Petition No.8049/2022.
In the aforesaid circumstance, for substantial justice,
impugned order is modified to the extent that the petitioner would
be entitled to withdraw the entire money deposited in the bank
account referred in the impugned order.
With the aforesaid observations, instant petition stands
disposed of.
Court below shall issue modified order to the Bank
concerned.
(BIRENDRA KUMAR),J
Ashwani/-56
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