MP 1 WP1678_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1678 OF 2011 M/s. Indian Cab Corporation ... Petitioners Versus The State of Maharashtra ... Respondent Mr. S. Garud and Mr. Amit Surve, Advocates i/b. M/s. Khaitan & Jaykar for Petitioners. Mr. D. R. More, APP for the State. CORAM : B. R. GAVAI, J. TUESDAY, JUNE 28, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioners impugn the order dated 20th September 2010 vide which though the learned Special Judge, City Civil Court, Mumbai has allowed the application of the petitioners for defreezing its bank account maintained with Dena Bank, however, the same is subject to the condition that the petitioners shall not withdraw the balance in the said account which prevailed on the date of the order. The Crime No. 11 of 2010 is registered for the offences punishable under Section 120-B r/w. 13(1)(d) and 13(2) of the Prevention of Corruption Act against some officers of B.E.S.T and the petitioners. In the course of investigation, the bank accounts operated by the petitioners were frozen. The petitioners, therefore, filed an application for defreezing its account wherein the aforesaid order has been passed. MP 2 WP1678_11 3. Mr. Garud, the learned Counsel appearing on behalf of the petitioners submits that the petitioners are not involved in the alleged offence. It is submitted that though the BEST was required to install 200 routers, only 20 routers were installed by the BEST. It is further submitted that the petitioner was only an intermediary. It is submitted that the routers were purchased from one Russian company and sold to the BEST. It is submitted that the amount received in the said transaction has been paid to the Russian company. It is further submitted that the amount lying in the bank is the one received towards the other business transactions. 4. The amount in question is around Rs. 37 lakhs. I find that the interests of justice would be subserved by permitting the petitioners to utilize the said amount on the condition that it furnishes solvent surety in the like amount. 5. Rule is, therefore, made absolute by modifying the order passed by the learned Trial Judge to the following: The petitioners would be permitted to use the amount in its accounts with Dena Bank, Zaveri Bazar Branch and Axiz Bank, Crawford Market Branch on a condition that the petitioners produce one or more solvent sureties in the sum of Rs. 40 lakhs to the satisfaction of the learned Trial Court. (B. R. GAVAI, J)