spb/- 1 15-10-al2923-10-14.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2923 OF 2010 IN REGULAR CRI. CASE NO.14 /2008 Shri Sudharkar Vitthal Narvekar ... Applicant. Vs. The State of Maharashtra ... Respondent. ...... Mr. M.S. Karnik for the Applicant. Mr. A.S. Shitole, APP for the State. ...... CORAM : V. M. KANADE, J. DATE : 15TH OCTOBER, 2010. P.C. 1 Heard the learned Advocate for the Applicant and learned APP for the State. 2 The applicant being aggrieved by the order passed by the learned Magistrate, whereby the learned Magistrate was pleased to reject the application filed by the applicant for de-freezing his bank account which was frozen by the police. The brief facts are that the applicant is one of the co-accused in the criminal case which has been filed against them for misappropriation of huge amounts on presenting forge and bogus documents to the Slums Development Authority and the Charity spb/- 2 15-10-al2923-10-14.sxw Commissioner. In this process, a total amount of Rs. 44 crores was mis- appropriated and the share of the applicant is to the tune of Rs. 4 crores. The police have already recovered the amount of Rs.Two crores and seventy-six lakhs from the applicant and his bank accounts are also frozen. It is submitted by the learned counsel for the applicant that the applicant requires this money for the purpose of carrying on his day-today business of catering. 3 I have perused the impugned order. The submission made by the learned counsel for the applicant cannot be accepted since the police have already frozen the banks accounts of the applicant and have recovered Rs.2.76 lakhs from his account. It has come on record that the applicant has opened a separate bank account after the complaint was filed. His residential premises and his jeep has been released by the learned Magistrate. Therefore, there is no substance in the submission made by the learned counsel for the applicant. 4 In the light of the above, the application of the applicant stands rejected. However, in my view there is no point in keeping this amount in the said account. Subject to the further orders that would be passed by the learned Magistrate, this amount may be invested by the ING Vyasya spb/- 3 15-10-al2923-10-14.sxw Bank Ltd., Dadar, in a fixed deposit initially for a period of one year and thereafter, to be renewed every year subject to the further orders that may be passed by the learned Magistrate. With the above direction, the application disposed of. [V.M. KANADE, J.]