Accused can operate account: HC

MUMBAI: A single-judge bench of the Bombay high court has asked the economic offences wing of Mumbai Police to de-freeze the bank account of an accused in a cheating case after finding substance in his plea that the trial against him will go on for a long time and the money lying in his account will be of no use to him. Funds in bank accounts that are frozen by cops in connection with economic offences remain inaccessible to the accused as long as the trials go on. However, in this case, Justice A A Kumbhakoni took into consideration that a charge-sheet had already been filed against the accused. This meant that police investigations in the case were over and, secondly, no fresh complaint was there to necessitate the account be kept frozen. The EOW registered an FIR against Shaukatali Khan in October 2007 after it was alleged that he duped a man of Rs 45,000 by promising him a job. Police subsequently froze Khan’s account with a bank in Fort. Khan spent two weeks in judicial custody in January 2008 and a chargesheet was filed against him in April 2008. He then approached a magistrate’s court and said he had Rs 1,88,505 in his account and the sum was for his daughter’s educational expenses. He also needed money to undergo coronary angiography and EOW should, therefore, be ordered to de-freeze his bank account. But the plea was turned down by the magistrate and Khan was forced to approach the HC. Khan’s counsel, Mobin Solkar, argued the account be opened as there was no evidence to show that the money was stolen money. Solkar also said procedures had not been followed by the police; no report of the account being frozen was submitted to a magistrate and neither had Khan been informed. Justice Kumbhakoni also considered that Khan had already deposited Rs 45,000, the amount he was alleged to have gained by cheating, with EOW and said Khan could start operating his bank account after executing an appropriate bond with the magistrate.
2 Jun 2008, 0041 hrs IST, Kartikeya,TNN
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