STATE OF GUJARAT Vs. MANHARBHAI MAGANBHAI TALPADA

JUDGEMENT

(1.) Both these Criminal Appeals are directed against the common judgment and order dated 31-7-1995 passed by the Special Judge, Vadodara in Criminal Misc. Application No. 64 of 1995 and Criminal Misc. Application No. 974 of 1994 and both these appeals are, therefore, decided by this common order.

(2.) By the aforesaid order dated 31-7-1995 the Special Judge, Vadodara allowed the Application No. 64 of 1995 and the Application No. 974 of 1994 issuing attachment with respect to the property shown in Schedule 'A' as described in the impugned order dated 31-7-1995, i.e., cash amount of Rs. 5,97,000.00 and immovable property, viz., S. No. 551/2 Block No. 564 situated at village Chuva, District Kheda standing in the name of Smt. Shardaben shown in Schedule 'F' as described in the impugned order. For rest of the properties mentioned under Schedule 'F' no attachment was granted. The property shown in Schedules 'B' to 'E' were ordered to be returned on furnishing solvent security of Rs. 4,00,000.00 or personal bond of like amount with a condition to produce cash amount of Rs. 3,10,000.00 as and when ordered by the trial Court.

(3.) This impugned order dated 31-7-1995 has been challenged by the State of Gujarat in Criminal Appeal No. 850 of 1995 to the extent of the denial of the attachment of the properties mentioned in Schedule 'F' other than the immovable property, i.e., S. No. 551/2, Block No. 564 situated at village Chuva, District Kheda in the name of Smt. Shardaben and the return of the property, i.e., investment as contained in Schedule 'B' to 'E'. The Appellant Manharbhai Maganbhai Talpada in Criminal Appeal No. 907 of 1995 has challenged that part of the impugned order whereby the attachment of the cash amount mentioned in Schedule 'A' alongwith the part of the properties of Schedule 'F' etc. was ordered. Criminal Appeal No. 907 of 1995 :