Ashok Gupta v. State

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/- 2016:DHC:5686 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 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.

JUDGE AUGUST 10, 2016 sa