Bhola Das v. State Of West Bengal

05.10.2023

IN THE HIGH COURT AT CALCUTTA

Item No.8 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 268 of 2023 In the matter of : Bhola Das ... Petitioner.

Mr. Sayan De, Mr. Sayan Kanjilal, Ms. Esha Acharya ... For the Petitioner.

Mr. A. S. Chakraborty, Mr. Aniruddha Biswas, Mr. Subhasish Misra ... For the State.

Report dated 04.10.2023 submitted by Mr. Misra, learned advocate appearing for the State be kept on record. The said report has been submitted pursuant to the order dated 29.09.2023. The relevant part of the report reads as follows :

"No objection regarding release of account numbers 000000033726168579 :- Upon the further investigation of the case and the evidences collected so far, it clearly reveals that later one matured recurring amount of Rs.95143/- transferred to recurring A/C No.

000000033726168579 in the name of Bhola Das which is not involved in c/w the above noted case. Hence there is no objection from the part of investigation if the A/C No. 000000033726168579 is

defreeze and the said amount of money is handed over to the petitioner Bhola Das."

Having regard to the purpose for which the present revisional application has been filed and stand taken by the State, I direct that the amount of Rs.95143/- which was an amount matured by way of recurring deposit be allowed to be withdrawn by the petitioner even if it is transferred to the savings account having No.00000030345472923. The said account is a savings bank account and for the limited purpose for withdrawal of this amount, the bank authorities are directed to allow the petitioner to operate the account. The rest of the amount would remain attached as has been prayed for by the investigating agency.

Accordingly, the observations of the learned Magistrate so far as this amount is concerned which has been transmitted to the savings account of the petitioner is set aside.

The revisional application being CRR 268 of 2023 is allowed to the limited extent as directed above. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)