Gurbachan Singh Saluja vs The State
2014 Latest Caselaw 5551 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Date of Decision: 7th November, 2014
(i)     +       W.P.(CRL) 35/2014
        GURBACHAN SINGH SALUJA                 ..... Petitioner
                    Through: Mr. Ajit Kumar Sinha, Senior
                             Advocate, with Ms. Priyanka Sinha
                             & Mr. Ashwarya Sinha, Advocates

                          versus

        THE STATE                                         ..... Respondent
                          Through:     Mr. Rajesh Majajan, Additional
                                       Public Prosecutor for State
                                       Mr. Jagjit Singh, Advocate for
                                       respondent No.2

(ii)    +       W.P.(CRL) 42/2014
        GURBACHAN SINGH SALUJA                 ..... Petitioner
                    Through: Mr. Ajit Kumar Sinha, Senior
                             Advocate, with Ms. Priyanka Sinha
                             & Mr. Ashwarya Sinha, Advocates

                          versus

        THE STATE                                         ..... Respondent
                          Through:     Mr. Rajesh Majajan, Additional
                                       Public Prosecutor for State
                                       Mr. Jagjit Singh, Advocate for
                                       respondent No.2
        CORAM:
        HON'BLE MR. JUSTICE SUNIL GAUR

                             JUDGMENT

(Oral)

In the above captioned first petition, impugned order of 26th W.P.(Crl.) No.35/2014 W.P.(Crl.) No.42 /2014 Page 1 November, 2013 declines petitioner's application for release of deposit of `70 Lakhs deposited with the Registrar General of this Court in Bail Application No. 1854/2012, which was disposed of by me vide order of 13th May, 2013 with the observation that the aforesaid deposited amount would be a matter of consideration by the trial court at the appropriate stage.

In the above captioned second petition, setting aside of impugned order of 27th August, 2013 is sought. Vide aforesaid order, permission sought by petitioner to retain his passport was declined by the trial court while referring to this Court's order of 13th May, 2013.

The Roster Bench vide its order of 29th October, 2014 has directed that these petitions be placed before me as these petitions arise out of order of 13th May, 2013 passed by this Court.

With the consent of learned counsel of the parties, above captioned two petitions were heard together and are being disposed of by this common judgment.

Upon hearing and on perusal of impugned orders and the material on record in both the petitions, I find that the deposited amount will be a matter of consideration only at the stage of final hearing and not at the intermediate stage.

During the course of hearing, it was brought to the notice of this Court that in respect of the deposited amount, a civil suit has been also filed after passing of order of 13th May, 2013 by this Court.

Be that as it may. Since the aforesaid deposited amount is to be released at the final outcome of proceedings in FIR No. 172/2010,

W.P.(Crl.) No.35/2014 W.P.(Crl.) No.42 /2014 Page 2 therefore, petitioner's application for release of deposited amount has been rightly dismissed by the trial court vide impugned order of 26th November, 2013. Finding no infirmity in the order of 26th November, 2013, the above captioned first petition [W.P.(Crl.) No. 35/2014] stands dismissed.

So far as release of passport is concerned, the order of 13 th May, 2013 passed by this Court is silent and so, it is left to the discretion of trial court to either retain petitioner's passport or to release it to him. The above captioned second petition [W.P.(Crl.) No. 42/2014] is disposed of with liberty to petitioner to file a fresh application for release of his passport, which would be independently considered by the trial court, without any reference to order of 13th May, 2014 of this Court.

Both these petitions stand disposed of in aforesaid terms.

(SUNIL GAUR) JUDGE

NOVEMBER 07, 2014 r

W.P.(Crl.) No.35/2014 W.P.(Crl.) No.42 /2014 Page 3