SABITRI JAGADEV Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision arises out of the order dated 26.9.2003 in Vigilance G.R. No. 29 of 2003 pending in the Court of the Special Chief Judicial Magistrate (Vigilance), Bhubaneswar.

(2.) THE petitioner's husband is arrayed as an accused in Vigilance G.R. No. 29 of 2003 registered under Sections 120-B/468/471/420 of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. During the course of investigation in connection with the aforesaid case, the Vigilance investigating agency seized the bank accounts of the petitioner namely; S.B. Account No. 2512/13 of Allahabad Bank, Kalupada Ghat Branch; Current Account Nos. 31, 32 and 33 and S.B. Account No. 1331 of Khurda Central Co-operative Bank, Tangi Branch. The petitioner, thereafter, filed an application under Section 457 of the Cr.P.C. for release of the aforesaid bank accounts in her favour. The said petition was considered by the learned Spl. C.J.M. (Vigilance), Bhubaneswar and rejected by the impugned order, inter alia, on the ground that if at that stage the petitioner is allowed to operate the bank accounts, it will be suicidal for the investigating agency and it would be difficult to ascertain the truth.

(3.) HAVING heard Mr. Pradhan, learned counsel for the petitioner and Mr. Mohapatra, learned Standing Counsel for the Vigilance Department, this Court directs release of the aforesaid bank accounts in favour of the petitioner. The petitioner may operate the aforesaid bank accounts, but shall not withdraw the amounts those are lying in deposit therein till the date of their seizure, which shall be kept in term deposits by the respective banks after obtaining signatures of the petitioner. The Criminal Revision is accordingly disposed of. Crl. Revision disposed of.