Mehboob Ali vs State Of Rajasthan

Application (01/23) has been filed by the complainant – Hanuman Mal Daga in F.I.R. No.91/2012 Police Station Gangashahar, District Bikaner, which led to the conviction of the appellant by the Additional Session Judge No.3, Bikaner by judgment dated 23.01.2018 seeking release of the fixed deposit amounting to Rs.1,43,240/- (principal amount), which amount was recovered from accused - Shyam Lal in currency notes of denomination of Rs.500/- and 1,000/- and due to demonetization, the said amount was converted into a fixed deposit.

Submissions have been made that the Sessions Judge vide its judgment dated 23.01.2018 had directed delivery of the said FDR to the complainant after the period of appeal was over. As the appeal has been filed by the appellant – Mehboob Ali, the FD has not been released to him.

Submissions have been made that except for the complainant, no one has made any claim qua the said amount, inasmuch as accused - Shyam Lal from whom the amount was recovered, has in his statement denied that the same was not recovered from him and he has been acquitted by the Sessions Court. The appellant in the present case has no claim on the said amount.

Submissions have also been made that the complainant is suffering from various ailments and the amount is required for his treatment and, therefore, the fixed deposit, which is lying with SHO, Police Station Gangashahar, District Bikaner, be directed to be released to the petitioner and the bank may be directed to pay the amount of FDR, with interest, to the complainant-applicant.

The application is not contested by the appellant as well as learned Public Prosecutor.

We have considered the submissions made by learned counsel for the parties and perused the material available on record. As the submissions made by the counsel for the complainant, as noticed hereinbefore, have not been controverted and are in terms of the record of the case, the application is allowed.

The SHO, Police Station Gangashahar, District Bikaner is directed to handover the fixed deposit receipt, principal amount of which was Rs.1,43,240/- lying with him in relation to F.I.R. No.91/2012 in Session Case No.143/2012 to the complainant – Hanuman Mal Daga. The bank is directed to make payment of the said FDR to the complainant along with interest.

It would be required of the complainant to file an undertaking before this Court within a period of one week to the effect that in case, any order is passed by this Court, he would refund back the amount.

The FD would be handed over by the SHO, Police Station Gangashahar, District Bikaner to the complainant only after the undertaking is filed before this Court.