CRLA/5/2012
2023 Latest Caselaw 1068 UK

                      Office Notes,
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SL.                 proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
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      20.04.2023                        Money Withdrawal Application (MCRC No.3640 of 2022)
                                        In
                                        CRLA No.5 of 2012
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Tapan Singh, learned counsel for the applicant-appellant and Mr. Lalit Sharma, learned counsel for the respondent/C.B.I. on the Money Withdrawal Application (MCRC No.3640 of 2022).

2. Applicant-appellant Om Prakash was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.65,000/- for the offence under Section 120B IPC. He was further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.35,000/- for the offence under Section 420 IPC.

3. Applicant-appellant Om Prakash had filed a Criminal Appeal (No.5 of 2012) against the said judgment of conviction and sentence, passed by learned Trial Court.

4. On 08.12.2021, without altering the findings of learned Trial Court, nature of sentence was altered and applicant- appellant Om Prakash was released on probation of good conduct for one year.

5. Report of District Probation Officer, Dehradun dated 29.03.2023 is on record. According to the said report, present applicant has completed his probation period.

6. Mr. Tapan Singh, learned counsel for the applicant-appellant submitted that in compliance of the judgment passed by learned Trial Court, applicant- appellant Om Prakash had deposited Rs.50,000/- before the Special Judge Anti Corruption (C.B.I.) Dehradun.

7. Mr. Lalit Sharma, learned counsel for the C.B.I. has no objection.

8. The said Money Withdrawal Application (MCRC No.3640 of 2022) is allowed.

Learned Trial Court is directed to release the said amount to the applicant- appellant Om Prakash in accordance with law.

(Alok Kumar Verma, J.) 20.04.2023 Neha