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2016 DIGILAW 3048 (DEL)

ASHOK GUPTA v. STATE

2016-08-10

S.P.GARG

body2016
JUDGMENT : S.P. GARG, J. 1. The petitioner-Ashok Gupta seeks release of Rs. 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 Rs. 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 Rs. 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 Rs. 60,00,000/- deposited had already been released to the complainant, the complainant was directed to deposit Rs. 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 Rs. 35,00,000/- out of Rs. 60,00,000/- deposited by the accused till the trial was over. The complainant shall deposit Rs. 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 Rs. 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 Rs. 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 Rs. 25,00,000/- to the petitioner. There was specific directions by the Hon’ble Supreme Court that this amount of Rs. 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 Rs. 35,00,000/- with him till the trial was over. The orders are very specific and clear. 8. 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 Rs. 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 Rs. 25,00,000/- to the petitioner/accused is declined. 9. The applications stand disposed of.