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2022 (12) TMI 1511 - MADHYA PRADESH HIGH COURTRelease of freezed amount - appeal against acquittal is pending - Whether the appeal against the acquittal can be said to be a continuation of prosecution of the acquitted accused or not? HELD THAT:- Once a person is acquitted, then there is a presumption of innocence in his favour. The filing or pendency of an appeal against the acquittal cannot be regarded as a continuation of trial/prosecution and also cannot be treated to be pendency of judicial proceedings as the initial presumption of innocence gets re-enforced by the order of acquittal. The State is incorrect in submitting that the appeal against the acquittal is a continuation of trial. Once a person has been acquitted irrespective of the fact that whether any appeal against his acquittal is pending or not, he becomes entitled for the benefits which otherwise would have accrued to him without there being any finding of guilt against the petitioner specifically when the account No.4856 is not a subject matter of the criminal trial. The stand taken by the State is beyond imagination and reconciliation either on factual aspect or on legal aspect. Once SHO Police Station Basai, Tahsil and District- Datia (M.P.) had written to the Collector, Datia that account No.4856 is not a part of Crime No.20/2014 registered at Police Station Basai, Tahsil and District Datia and no document pertaining to account No.4856 has been made a part of the investigation as well as the chargesheet, then the State had no authority whatsoever to keep the account of the petitioner in a frozen condition. Thus, it is clear that the State has illegally withheld the amount of the petitioner in a most arbitrary and malafide manner. This Court is left with no other option but to direct the respondent No. 3 to immediately release the amount so deposited in account No.4856 - petition allowed with costs.
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