Disposed

Vijay Khanna & Anr. v. State

Delhi HC9 Dec 2015BAIL APPLN./706/2014

Case brief

AI extract

What is this about?

Respondent No.2 applied for the release of Rs.24 Lakhs deposited by the Petitioner's co-accused in a bail application that was later dismissed due to a forged pay order. The Court ordered the amount to remain in fixed deposit until the Trial Court determines entitlement.

What did the court decide?

Application disposed of; deposited amount ordered to remain in fixed deposit pending determination by Trial Court.

Vijay Khanna & Anr. Vs State — Delhi HC (2015) — LawSathi Research

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$~37.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 706/2014

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VIJAY KHA	NNA & ANR Through: versus		..... Petitioners
STATE			..... Respondent
	Through:	Ms. Stat	Radhika Kolluru, APP for the e.
		Mr. appl	R.D. Tyagi, Advocate for the icant/ respondent No.2.

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CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI

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O R D E R 01.08.2016

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Crl. M.A. No.11678/2016

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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.

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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.

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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.

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The application stands disposed of.

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VIPIN SANGHI, J

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AUGUST 01, 2016 B.S. Rohella

Vijay Khanna & Anr. v. State

Case brief

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Vijay Khanna & Anr. v. State

Case brief

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