High Court of Punjab and HaryanaCRM-M/29678/2014disposed of

Balram v. State Of Haryana

2015-08-28Mr Justice Rakesh Kumar Jain2 pages

KAPIL 2015.09.02 15:57 I attest to the accuracy and integrity of this document CRM-M-29678-2014 [1] *** In the High Court of Punjab and Haryana at Chandigarh. CRM-M-29678-2014 Date of Decision: 28.08.2015 Balram

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Vivek Khatri, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

***** SABINA, J.

Petitioner has filed this petition challenging the order dated 11.06.2014, whereby, application moved by the petitioner for release of amount of `1,72,000/- was dismissed. Learned counsel for the petitioner has submitted that at the instance of the petitioner, FIR No.11 dated 27.12.2012 was registered against accused Sanjeev Garg. The trial Court vide judgment/order dated 02.04.2014/04.04.2014 has ordered the conviction and sentence of Sanjeev Garg under Sections 7 and 13(i)(d) of the Prevention of Corruption Act, 1988. Amount of `1,72,000/- belonging to the petitioner was lying with the Investigating

KAPIL 2015.09.02 15:57 I attest to the accuracy and integrity of this document CRM-M-29678-2014 [2] *** Agency. The said amount was liable to be returned to the petitioner.

Learned State counsel who is assisted by Deputy Superintendent of Police Suresh Kumar had submitted that the prosecution is ready to refund the amount of `1,72,000/- to the petitioner and sanction in this regard has been accorded by the competent authority.

So far as the amount of `1,72,000/- belonging to the petitioner is concerned, the same is part of case property. However, State has taken steps to refund equivalent amount to the petitioner.

Accordingly, this petition is disposed of with the direction that the prosecution shall refund `1,72,000/-to the petitioner subject to his furnishing the necessary agreement in this regard as required under law.

August 28, 2015 (SABINA) kapil JUDGE