1 RULE.
Mr. L.B. Dabhi, learned APP, waives service of notice of Rule on behalf of respondent No.1 - State and Mr. Hriday Buch, learned Advocate, waives service of rule on behalf of respondent No.2.
2 By way of this Revision Application, the original complainant - Central Bank of India has challenged the Order dated 7.3.2011, passed by the learned 3rd Additional Chief Judicial Magistrate, Surendranagar, below Exhibit-62 in Criminal Case No. 30 of 2010, by which the application filed by the Bank to withdraw an amount of Rs.3,53,000/- which was deposited by respondent No.2, pursuant to the Order dated 5.2.2010 passed by this Court in Criminal Misc. Application No.743 of 2010 is dismissed. The said Criminal Misc. Application was filed under Section 439 of the Code of Criminal Procedure, for releasing the respondent No.2 on bail for the offence which was registered at CR No. II-210 of 2009 registered with Surendranagar City Police Station, for the offences punishable under Sections 467, 420, 465 and 468 of the Indian Penal Code.
3 Heard learned Advocates appearing for the respective parties. Mr. Nagesh Sood, learned Advocate, appearing for the applicant has submitted that the allegations levelled against the accused including respondent No.2 is of misappropriation to the tune of Rs. 5,41,000/-. Out of which, Rs.1,85,000/- was discovered from the accused persons, which was handed over to the applicant - Bank by learned Judicial Magistrate, vide its Order dated 21.1.2010. Therefor, the remaining amount of Rs. 3,53,000/-, which was deposited before the Trial Court, pursuant to the order dated 5.2.2010 passed in Criminal Misc. Application No. 743 of 2010, be also handed over to the applicant - Bank. On the other hand, learned Advocate Mr. Hriday Buch, appearing for the respondent No.2 has submitted that the said amount was deposited by the present respondent No.2 without prejudice to his rights and contentions and which reflects in the order passed by the High Court in the bail application and , therefore, the applicant - Bank is not entitled to get the said amount at this stage.
4 I have gone through the orders passed by the Trial Court. I am of the opinion that it would be in the interest of justice to direct the Trial Court to invest the amount of Rs. 3,53,000/- in the name of "Nazir of the District Court, Surendranagar" with the petitioner's Bank initially for a period of five years. Thereafter, the amount with interest accrued on it shall be renewed from time to time till the final disposal Criminal Case No.30 of 2010. Application is partly allowed. Rule is made absolute to the aforesaid extent.
(A.J.
DESAI, J.) pnnair Top