PARAG SHAH vs GEETA KAMPANI AND ANR

Judgment text excerpt

2026:BHC-AS:21940 apl 790 of 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.790 OF 2024 Geeta Kampani ... Applicant versus 1. The State of Maharashtra 2. Parag Vipin Shah … Respondents WITH CRIMINAL APPLICATION NO.191 OF 2024 Parag Shah … Applicant versus 1. Geeta Kampani 2. The State of Maharashtra … Respondents Mr. Sharan Jagtiani, Senior Advocate with Ms. Shraddha Achliya, Ms. Namita Maneshinde, for Applicant in APL 790 of 2024 and for Respondent No.1 in APL No.191 of 2024. Mr. Sanjeev Kadam, Senior Advocate with Dr. Kshitija Wadatkar, Ms. Varsha Thorat, Mr. Vikrant Khare, Mr. Malay Mishra, Ms. Vidhi Shah, Ms. Khushi Patharia i/by M/s. Kshitija Wadatkar for Applicant in APL No.191 of 2024 and for Respondent No.2 in APL No.790 of 2024. Mrs. R.S.Tendulkar, APP for State. Mr. Uttam Mane, PI, Unit No.7, EOW, Mumbai, present. CORAM: N.J.JAMADAR, J. RESERVED ON : 7 APRIL 2026 PRONOUNCED ON : 7 MAY 2026 JUDGMENT : 1. These Applications under Section 482 of the Code of Criminal Procedure, 1973 (the Code, 1973) assail the legality, propriety and correctness of the order dated 7 December 2023 passed by the learned Additional Chief Metropolitan Magistrate, 47th Court, Mumbai, albeit from a SSP 1/25 apl 790 of 2024.doc diametricaly opposite perspective. 2. The Applicant in APL No.191 of 2024 – first informant, takes exception to the very de-freezing of the accounts of the accused, which were freezed by the IO under Section 102 of the Code, 1973. The Applicant in APL No.790 of 2024 – Accused No.2, calls in question the legality of the order to the extent of the condition to furnish a bank guarantee in the sum of Rs.6.55 Crores for the de-freezing of the accounts. 3. The Applications arise in the backdrop of the following