Bombay High Court
PANKAJA SUDHIR SHAHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The order freezing the bank accounts was quashed and the applicant was directed to have the accounts de‑frozen and the recovered amount transferred, subject to an indemnity bond.
Summary
The applicant, Pankaja Sudhir Shah, filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging a Judicial Magistrate's order that froze bank accounts containing Rs.50,12,833.59 recovered from a cyber‑fraud scheme in which she lost Rs.1,14,53,960. The State, through the investigating cyber police, submitted a report confirming that the recovered amount was held on lien and that there was no objection to returning it to the complainant. The court examined whether the magistrate's order could be set aside and whether the applicant was entitled to have the accounts de‑frozen and the funds transferred under Section 503 of the BNSS. Relying on the police report and the absence of any legal impediment, the court held that the order was unlawful and should be quashed. Consequently, the court allowed the applicant’s miscellaneous application, directing the banks to de‑freeze the accounts and transfer the amount, subject to the applicant executing an indemnity bond within two weeks. The criminal application was thereafter disposed of.
Issues considered
- Whether the order of the Judicial Magistrate freezing the bank accounts can be set aside under Section 528 of the BNSS
- Whether the applicant is entitled to de‑freeze the accounts and recover the seized amount under Section 503 of the BNSS
- Whether any legal impediment exists to returning the recovered amount given the police’s no‑objection
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 503, 528
Subjects
- cyber fraud
- cyber crime
- bank account freeze
- de‑freezing
- BNSS
- Section 528
- Section 503
- indemnity bond
- investigating agency
Judgment
8-APL-1655-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1655 OF 2026
Pankaja Sudhir Shah …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Prashant Pawar a/w. Mr. Rahil Shah and Ms. Yuga Kane, for the
Applicant.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Mr. Ishan Kharote, API, South Cyber Police Station, Mumbai,
present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 6th OCTOBER 2026
PC:-
1. Heard Mr. Pawar, learned Counsel appearing for the
Applicant and Mrs. Tidke, learned APP appearing for the
Respondent-State.
2. By this Criminal Application filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant
is challenging the legality and validity of the order dated 5 th August
2026 passed by the learned Judicial Magistrate (First Class), 18 th
Court, Girgaon, Mumbai in C.C. No.241/MISC/2026
(408/PW/2026).
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3. Mr. Pawar, learned Counsel appearing for the Applicant
states that the Applicant is a victim of cyber fraud and an amount
of Rs.1,14,53,960/- is the amount, which is transferred from the
account of the Applicant. He submits that in fact, the State has
given No Objection for return of the said amount of
Rs.50,12,833.59 recovered by the State.
4. Mrs. Tidke, learned APP also supports the contention raised
by the learned Counsel appearing for the Applicant. She submits
that total amount which is the subject matter of the crime is
Rs.1,14,53,960/- and out of that amount Rs.50,12,833.59 has been
recovered during investigation.
5. As per the prosecution case, the Applicant had received a
link on mobile and after opening the said link, she had been added
in a WhatsAPP group. She invested total amount of
Rs.1,14,53,960/- in share market vide online transaction as per the
say of the Admin of the said WhatsAPP group. It is the case of the
Applicant that in fact, the same is cyber crime and she has lost said
amount of Rs.1,14,53,960/- in the said cyber crime out of which,
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8-APL-1655-2026.DOC
said amount of Rs.50,12,833.59 has been recovered by the
Investigating Machinery.
6. Mrs. Tidke, learned APP tenders a report dated 6 th October
2026 of the Senior Police Inspector, South Division Cyber Police
Station, CB, CID, Mumbai. The said report is taken on record and
marked ‘X’ for identification.
7. In the said report inter alia it is stated that during the period
from 24th July 2025 to 5th February 2026, online fraudsters
operating through mobile numbers set out in the said report
contacted the Applicant and induced her into share, commodity
and gold market trading. By conspiring together, they sent links to
a Telegram Channel names “Capplace.com”, a bot named
“CapPlace_Account_Manager_bot”, and websites like
link.capplace.com and www.investing.com. They displayed fake
profits on a fradulent application to simulate a genuine trading
environment. Lured by the prospect of high returns, the Applicant
was deceived into transferring a total amount of Rs.1,14,53,960/-
into various fraudulent bank accounts provided by the accused.
During the course of the investigation, a swift technical analysis
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was conducted through the Central Government’s Ministry of
Home Affairs (MHA) 1930 National Cybercrime Portal. Based on
the transaction Ids, a total amount of Rs.50,12,833.59 has been
successfully placed on hold/lien across various beneficiary layers
and bank accounts. The details of the same are set out in tabular
form in the said report dated 6 th October 2026. In the said report,
the Senior Police Inspector has stated that the bank accounts which
are mentioned at Serial Nos.1 to 16 of the said table have been
used for cyber fraud and the Applicant’s amount has been
identified into the said bank account. It has been further stated
that on the National Cyber Crime Reporting Portal, the said bank
accounts have been reported multiple times. In the said report
dated 6th October 2026, it is specifically stated that the police have
no objection for returning amount to the Complainant.
8. Thus, it is clear that the Applicant has lost Rs.1,14,53,960/-
through cyber crime and out of the said amount, an aggregate
amount of Rs.50,12,833.59 has been successfully placed on
hold/lien across various beneficiary layers and bank accounts. The
said amount is available with the investigating machinery. During
investigation the said amount of Rs.50,12,833.59 was seized. Thus,
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8-APL-1655-2026.DOC
there is no impediment in granting the application filed by the
Applicant before the learned Trial Court seeking return of the said
property under Section 503 of the BNSS by de-freezing the said
account inter alia of the Applicant.
9. Accordingly, the impugned order dated 5 th August 2026
passed by the learned Judicial Magistrate (First Class), 18 th Court,
Girgaon, Mumbai, in C.C. No.241/MISC/2026 (408/PW/2026) is
quashed and set aside and the said Miscellaneous Application
No.241 of 2026 is allowed in terms of prayer clause (a) of that
Application, which read as under:
“(a) The Applicant prays to direct the Branch
Managers of the bank accounts and their
respective branches as mentioned above and
specifically mention to de-freeze the accounts
and transfer the amounts as stated therein to the
account of the Applicant.”
10. The said Miscellaneous Application is allowed on the
condition that the Applicant shall execute necessary Indemnity
Bond within a period of two weeks and thereafter, only the said
amount is to be transferred in the account of the Applicant.
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11. Accordingly, the Criminal Application is disposed of in above
terms.
[MADHAV J. JAMDAR, J.]
SONALI
MILIND
PATIL
Digitally signed by
SONALI MILIND PATIL
Date: 2026.10.06
19:07:31 +0530
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