State Bank Of Hyderabad v. Central Bureau Of Investigation

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL REVISION CASE No.611 of 2017 ORDER:

Impugning the dismissal order of the lower Court dated 21.12.2016 in Crl.M.P.No.1995 of 2016 in RC.No.25(A)/2015CBI/Hyderabad, the revision is maintained. The revision petitioner SBH, Malkajgiri since merged with SBI, filed petition to amend to that effect in Crl.R.C.M.P.No.1633 of 2017 as SBI, West Malkajgiri is allowed.

The petitioner sought for interim custody of the amount of Rs.8,48,19,575/- of different denominations by means of RTGS, before the lower Court.

In fact as per the counter of the CBI, the amount is invested with SBI, Criminal Courts Compound Nampally. As the petitioner SBH (SBI) Malkajgiri Branch from which the amount recovered wants to repay with interest by giving undertaking, the interim custody could be given to abide by the final result rather dismissal. Accordingly and in the result, the Criminal revision case is allowed by permitting the petitioner to receive the amount by recording the undertaking affidavit to pay with the bank lending rate of interest as and when directed by the lower Court said amount with accrued interest. Any non-compliance, the trial Court by passing property order can enforce for its recovery from the Bank.

Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 11.04.2017 ska