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W.P.(Crl.) No.35/2014 W.P.(Crl.) No.42 /2014 Page 1
HIGH COURT OF 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
HIGH COURT OF 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
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
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
2014:DHC:5771 W.P.(Crl.) No.42 /2014 Page 2 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.42 /2014 Page 3 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 13th 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
In the above captioned first petition, impugned order of 26th
2014:DHC:5771 W.P.(Crl.) No.42 /2014 Page 2 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.42 /2014 Page 3 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 13th 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