LAWS(DLH)-2011-1-150

REHMANA YUSUF FAROOQI Vs. STATE

Decided On January 06, 2011
REHMANA YUSUF FAROOQI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This order will dispose of Appellant's request to release/de-freeze her saving Bank Account No. 5817 with the State Bank of India, Gazipur Branch.

(2.) Briefly the facts are that the applicant was along with other co-accused including her husband, charged with committing various offences including Sections 302, 307, 120B, 34 of the Indian Penal Code besides other offences under the Arms Act etc. The Trial Court had convicted the applicant. Her appeal to this Court was, however, allowed by a common judgment and order of Division Bench in State v. Mohd. Arif @ Ashfaq @ Abu Hamad, dated 13.09.2007. In short the charge against the applicant was culpability and also conspiracy, was in regard to allegation of her permitting the bank account in question to be used by other co-accused. This Court by its order concluded that there was insufficient evidence to sustain the Appellant's guilt. The findings of this Court are to the following effect:

(3.) The Appellant argues that the acquittal was not questioned and had become final. She claims that the account has been lying freezed since her arrest in spite of acquittal. The appropriate orders are therefore sought for.