Sondarva Ramesh Chandra Kalabhai v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CRR/19/2022 Sondarva Ramesh Chandra Kalabhai ... Petitioner Vs.
The State ... Respondent Mr.Mohd. Tabraiz ... for the petitioner Mr.Rakesh Pal Gobind ... for the State June 29, 2022 [GNC] Item No.18 The petitioner drew attention of this Court to the inner page 19 of the charge-sheet at paragraph 17.30 wherein it is reflected that from the GPF account there were withdrawals of Rs.14.5 lakhs and Rs.2.5 lakhs in the year 2010 and a sum of Rs.15 lakhs in the year 2015.
According to the petitioner the amount which was withdrawn in the year was invested as Fixed Deposit/Term Deposit along with a part of his salary which accumulated in the said account. In fact, the contention in the chargesheet as well as the objection filed by the CBI do not disown such contentions inspite of Mr.Gobind appearing for the CBI objecting to the return of the aforesaid amount. However, learned Trial Court rejected the application to return the said amount because of the said transactions taking place within the check period. As there are overwhelming materials supporting the contention that the primary source of funds as prayed for was from the GPF account, I am of the opinion that the petitioner may be allowed to use the same for the reason so assigned.
Accordingly, the petitioner will furnish an Indemnity bond of Rs. 48 lakhs. The Trial Court is directed to pass necessary order for release of the fixed deposit receipts which are in the custody of the CBI and which may be allowed by the bank authorities for utilization for the purposes for which the petitioner applied before the learned Trial Court. Accordingly, the order dated 29th April, 2022 passed by the learned Special Court limited to the extent of refusal of return of fixed deposit to the tune of Rs. 48 Lakhs, is hereby set aside.
With the above directions, the Revisional Application being CRR/19/2022 is disposed of.
Pending applications, if any, are consequently disposed of.
Parties are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court.
( Tirthankar Ghosh, J.)