Kuldeep Singh Sengar vs Central Bureau Of Investigation
2020 Latest Caselaw 320 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CRL.A. 53/2020
      KULDEEP SINGH SENGAR              ..... Appellant
                            Through     Mr.N.Hariharan, Sr.Advocate with
                                        Mr.Tanveer Ahmed Mir, Mr.Dhruv
                                        Gupta and Mr.Tushan Rawal,
                                        Advocates.
                            versus

      CENTRAL BUREAU OF INVESTIGATION            ..... Respondent
                   Through    Mr.Nikhil Goel, SPP with
                              Mr.Dushyant Sarna and Mr.Vinay
                              Mathew, Advocates for CBI.
                              Mr.Dharmendra Kumar Mishra,
                              Advocate for the victim/complainant.
      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN
      HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
                   ORDER

      %            17.01.2020

      Crl.M.A.No.955/2020

Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. Crl.A.No.53/2020 Issue notice.

Mr.Nikhil Goel, learned SPP accepts notice on behalf of CBI and Mr.Dharmendra Kumar Mishra, Advocate (Mobile No.9818800830) accepts notice on behalf of the victim/complainant. Learned counsel for the appellant is directed to supply a copy of the paper book to learned counsel for the victim/complainant. Admit.

List in the category of 'Regular Matters' in the week commencing 04th May, 2020 as Item No.1, subject to overnight part heard.

Trial Court record be requisitioned and tagged with the file. The compilation of the Trial Court record once prepared by the Registry, shall be supplied to the learned counsel for the parties.

Crl.M.(Bail) No.98/2020 Learned senior counsel for the appellant does not wish to press the present application. Consequently, the same is dismissed as withdrawn. However, learned senior counsel for the appellant states that the appellant shall deposit the fine of Rs.25 lakhs, without prejudice to his rights and contentions, within a further period of sixty days.

It is pertinent to mention that the Trial Court has directed the appellant to pay a fine of Rs.25 lakhs under Section 376 (2), IPC, out of which, a sum of Rs.10 lakhs shall be paid as additional compensation to the victim and the balance amount of Rs.15 lakhs shall be payable towards defraying of expenses incurred in the prosecution and trial of this case.

Keeping in view the aforesaid, this Court extends the time for deposit of the fine by a further period of sixty days and directs that Rs.10 lakhs out of the fine of Rs.25 lakhs shall be released forthwith to the victim without any conditions attached. The remaining amount of Rs.15 lakhs shall be deposited with the Registry of this Court, who shall keep the said amount in an interest bearing Fixed Deposit Receipt and the same shall abide by further orders to be passed by this Court.

Order dasti under the signature of the Court Master.

MANMOHAN, J

SANGITA DHINGRA SEHGAL, J JANUARY 17, 2020 KA