Vijay Khanna & ANR v. State

$~37.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 706/2014 VIJAY KHANNA & ANR ..... Petitioners Through:

versus STATE ..... Respondent Through:

Ms. Radhika Kolluru, APP for the State.

Mr. R.D. Tyagi, Advocate for the applicant/ respondent No.2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 01.08.2016 Crl. M.A. No.11678/2016 This application has been moved by respondent No.2 to seek a direction to release the amount of Rs.24 Lakhs deposited by the petitioner in the aforesaid bail application.

In the aforesaid bail application, the applicant had undertaken on 26.05.2014 to deposit a sum of Rs.77 Lakhs with the Registrar General of this Court. However, out of the said amount only Rs.24 Lakhs was deposited by the bail petitioner. Consequently, he sought to tender a pay order for Rs.53 Lakhs, which was found to be forged. Subsequently, the bail application stands dismissed on 09.12.2015. Now, the respondent No.2/ applicant seeks release of the amount deposited in this Court.

In my view, the same cannot be permitted at this stage by the Court. The offence alleged against the accused is still under trial. In these circumstances, the amount shall continue to remain in fixed deposit. It shall be open to the Trial Court to pass appropriate orders with regard to the disbursal of the amount to whichever party the same is ultimately found to be entitled.

The application stands disposed of.

VIPIN SANGHI, J AUGUST 01, 2016 B.S. Rohella