Man Mohan Singh vs State Bank Of India (Main Branch, Shillong) & Ors

The writ petitioner in the instant writ petition has approached this Court with a prayer to direct the State Bank of India, Main Branch, Shillong (Respondent No. 1 & 2) herein to allow the petitioner through the authorized person to withdraw the two Special Term Deposits which have matured as per the policy, and are in the custody of the Respondent Bank.

The case of the petitioner is that certain FIR's were lodged against him in the year 1994, and three cases came to be registered and the same were numbered as GR. Case No. 133 (S) of 1995 arising out of Shillong P.S. Case No. 21 (2) of 2994, GR. Case No. 18 (S) of 1996 and GR. Case No. 19 (S) of 1996. It is the further case of the petitioner that he has since been acquitted by criminal Courts from all his criminal cases and as such, it is incumbent upon the Respondent Bank to release the Fixed Deposit amounts of the petitioner.

I have heard learned counsels for the parties.

Mr. S. Dey, learned counsel for the petitioner in his submission has drawn the attention of this Court to the order dated 31.08.2017 passed in GR. Case No. 133 (S) of 1995 by the learned Court of the Chief Judicial Magistrate, Shillong (Annexure-6), order dated 09.02.2010 passed in GR. Case No. 18 (S) of 1996 by the learned Court of the Chief Judicial Magistrate, Shillong (Annexure-7) and order dated 28.06.2013 passed in GR. Case No. 19 (S) of 1996 by the Judicial Magistrate First Class, Shillong (Annexure-8). He submits that in all the three cases which have been instituted, he had been acquitted from all charges and as such, the two Special Term Deposits which are lying with the Respondent Bank should be released in his favour without any further delay. He also submits that he has approached the Bank for release of the amounts, but the same was not forthcoming, which has therefore compelled him to approach this Court by way of this instant writ petition.

Ms. T. Yangi B, learned counsel for the Respondent Bank submits that the writ petitioner by not joining the State as parties, no information is available as to whether any appeal has been filed or pending against the orders of acquittal. She further submits that the freezing of the Accounts was on the request of the Investigating Officer at that point of time and also in pursuance to the orders passed by this Court in this matter. She however fairly submits that as there is no knowledge forthcoming, with regard to any appeal, the pending amounts can be released to the petitioner subject to certain conditions to indemnify the Bank in case of any loss.

Accordingly, on hearing the submissions advanced by the learned counsels for the parties and examining the materials on record, it is directed that the Respondent Bank shall release the two Special Term Deposits, which has since matured to the Account of the writ petitioner or to be made over by cheque through the authorized representatives within a period of 1(one) month from today. However, it is also made clear that the writ petitioner shall execute a Bond instrument in favour of the Bank to indemnify the Respondent Bank in case of any loss.

With the following directions, the writ petition is accordingly disposed of.