1 wp3622.10 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE WRIT PETITION NO. 3622 OF 2010 Mr. Hanumanthrao Baburao Bhise ... Petitioners Versus The State of Maharashtra ... Respondent Mr. Manoj J. Bhatt for petitioners. Mrs. V.R. Bhosale, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : JANUARY 10, 2011 P.C. 1. Rule. Rule made returnable forthwith. By consent heard forthwith. 2. Both the counsel agree that the petition can be disposed off finally at the stage of admission. The applicant was arrayed as an accused in Regular Criminal Case No.894 of 2009. During the investigation his bank account No. CD/5 of Abhyudaya Coop. Bank Ltd., Koparkhairane Branch and Bank account No.100720 with Dattatraya Maharaj Kadambe Javali Sahakari Bank Ltd. Vashi Branch were freezed and the fixed deposits with the banks were seized. The police also seized his rubber stamp as "Executive 2 wp3622.10 Magistrate". The applicant had therefore, filed an application before the trial Court (Exh. 127) for return of the properties i.e. defreezing of bank accounts and for return of the fixed deposits and the rubber stamp. That application was rejected by the trial court vide its order dated 27th April, 2010, which order is impugned in the present petition. 3. Mr. Bhatt, the learned counsel for the applicant submits that out of six fixed deposits, one stands in the name of his daughter Ashwini Bhise and four are of the period prior to the alleged period of offence i.e. 2007 to 2009. Only one fixed deposit is of the date falling within the period of the alleged offence. He submits that the allegation of misappropriation cannot be extended to the four fixed deposits of the prior period and the fixed deposit in the name of his daughter. Mr. Bhatt submits that freezing of the bank accounts and seizing of the fixed deposits has put the applicant in tremendous difficulties. The applicant is ready to execute security bond for the amount equivalent to the fixed deposit receipts and prays that on this condition the fixed deposit receipts may be released. The application is opposed by the State contending that the applicant was working as 3 wp3622.10 Contractor with N.M.M.C. from 27th February, 2003. During the course of investigation, fixed deposits may be required to be seized if the investigation by the police extends to the period of alleged offence prior to the year 2007. This argument is nothing but a speculation. Presently the allegations are related to the period from 2007 to 2009. In these circumstances, there will be no difficulty in releasing the amounts of following fixed deposits to the applicant on his executing bond in the same amount as fixed deposit receipts. S.No. Name of Holder Receipt No. Date of deposit Date of Maturity Amount Name of Bank 1. H.B. Bhise 289649 10/12/05 10/08/09 28,232 Abhyuday Coop. Bank. 2. H.B. Bhise 289648 10/12/05 10/08/09 30,798 - do- 3. H.B. Bhise 289863 29/3/06 28/08/09 69,976 - do - 4. H.B. Bhise 103744 14/08/02 14/02/09 56,148 - do - 5. Ashwini Bhise 103742 14/08/02 14/02/09 56,148 - do - 4. Hence, the application is partly allowed. The above fixed deposits be released to the applicant on his executing security bond to the satisfaction of the learned Magistrate, 3rd Jt. J.M.F.C. Vashi. (Judge)