Ashok Gupta vs State
2016 Latest Caselaw 5278 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        DECIDED ON : AUGUST 10, 2016

+                           BAIL APPLN. 1376/2014

        ASHOK GUPTA
                                                               ..... Petitioner
                            Through :   Mr.Vivek Srivastava, Advocate.

                            versus

        STATE
                                                            ..... Respondent
                            Through : Mr.Arun Kr.Sharma, APP.
                                      Complainant present in person.

        CORAM:
        HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

Crl.M.A.Nos.2110/15, 10759/15

1. The petitioner-Ashok Gupta seeks release of `25,00,000/- deposited by him before the Registrar-General of this Court. The complainant has opposed it.

2. I have heard the learned counsel for the parties including the complainant and have examined the file. By an order dated 09.07.2014, the petitioner was granted bail in case FIR No.603/2012 under Section 420 IPC registered at Police Station Shakarpur was directed to deposit `60,00,000/-

in the name of Registrar-General of this Court to be released to the complainant within a week.

3. The petitioner challenged the order and by an order dated 25.07.2014, Hon'ble Supreme Court stayed the directions pertaining to release of `60,00,000/- which had already been deposited in favour of the complainant. By an order dated 27.10.2014 observing that the amount of `60,00,000/- deposited had already been released to the complainant, the complainant was directed to deposit `25,00,000/- before the Registrar General of this Court to be released to the petitioner/accused. The complainant complied the said order.

4. In Review Petition (Crl.) No.814/2014 by an order dated 05.02.2015 the Hon'ble Supreme Court declined to modify the order dated 27.10.2014. It was clarified that the complainant would retain `35,00,000/- out of `60,00,000/- deposited by the accused till the trial was over. The complainant shall deposit `25,00,000/- as directed earlier, before the Registrar-General of this Court within four weeks and it shall be kept in an interest earning fixed deposit by the Registry of High Court in a Nationalized Bank.

5. The prayer of the petitioner for release of `25,00,000/- to him was declined by an order of this Court on 9.7.2015.

6. Learned counsel for the petitioner urged that this Court has ample powers to release `25,00,000/- to the accused as operation of the order dated 27.10.2014 has not been disturbed.

7. I have again minutely gone through the orders of the Supreme Court. I find no justification for release of `25,00,000/- to the petitioner. There was specific directions by the Hon'ble Supreme Court that this

amount of `25,00,000/- deposited by the complainant would be kept in a interest earning fixed deposit by the Registrar of the High Court in a Nationalized Bank. The complainant was permitted to retain ` 35,00,000/- with him till the trial was over. The orders are very specific and clear.

8. In the light of the above discussion, prayer for release of `25,00,000/- to the petitioner/accused is declined.

9. The applications stand disposed of.

(S.P.GARG) JUDGE AUGUST 10, 2016 sa