1 2025:CGHC:56798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1277 of 2024 1 - Virendra Kumar Parate, S/o. Late Shyam Rao Parate, Aged About 54 Years, R/o. New Shiv Hanuman Mandir, Vijay Nagar, Durg (C.G.) 2 - Sulochana Parate, W/o. Virendra Kumar Parate, Aged About 49 Years, R/o. New Shiv Hanuman Mandir, Vijay Nagar, Durg (C.G.) ... Appellants versus 1 - State Of Chhattisgarh, Through The Anti Corruption Bureau, Raipur, District Raipur (C.G.) 2 - Ganesh Prasad Kumbhare, S/o. Late Mohan Lal Kumhare, Aged About 67 Years, Then Assistant Mining Officer, Durg, R/o. Radha Bhavan, Vijay Nagar, Durg (C.G.) ... Respondents For Appellants : Mr. Aman Upadhyay, Advocate For Respondent-State : Mr. Sharad Mishra, Panel Lawyer (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.21 16:35:44 +0530 2 21.11.2025 1. This appeal under Section 454 of Cr.P.C. has been preferred by the appellants to direct the respondents to give them the Bank Pass- Books & Cheque Books of Account No.07962191004928 of Appellant No.1 and Account No. 0796291004607 of Appellant No.2 of Oriental Bank of Commerce, Durg, which were seized in Special Case No.4/2014 (C.G. State v. Ganesh Prasad Kumhare). 2. Mr. Aman Upadhyay, learned counsel for the appellants, would submit that the appellants are holder of the aforesaid Bank Pass- Books & Cheque Books and they are not the accused in the aforesaid criminal case in which the same were seized. Therefore, the same were delivered to the appellants. 3. Mr. Sharad Mishra, learned State counsel, would oppose the argument advanced by learned counsel appearing for the appellants. 4. Since the trial has been concluded and Criminal Appeal No. 1413/2023 of accused Ganesh Prakash Kumhare is already pending consideration, it would be expedient to direct the State respondent to return back the Bank Pass-Books & Cheque Books Ex.P-142 to both appellants. Furthermore, learned counsel appearing for the parties would submit that the amount shown in the Bank Pass-books held by the appellants, they have not been included in the calculation of income & expenditure of Ganesh Prakash Kumhare/ 3 respondent No.2. Therefore, the impugned order to the extent of confiscation of the Bank Pass-book & Cheque Books is set aside and the State respondent is directed to return back the aforesaid Bank Pass-Book & Cheque Book i.e. Ex.P-142 to both the appellants forthwith. 5. In the aforesaid terms, the impugned order is set aside and the appeal is allowed. Sd/- (Sanjay K. Agrawal) Judge Ashok