S S DHAKA Vs. CBI

JUDGEMENT

(1.) Present petition is filed under section 482 Cr.P.C. read with Article 227 of the Constitution of India seeking discharge of petitioner as surety and endorsement made on FDR of Rs.15,00,000/- and Rs.3,00,000/- bearing account No.30591443808 and 31654984400 respectively be removed/cancelled and instructions/directions be given to the bank to encash the said FDRs as and when presented.

(2.) Brief facts of the case are that the Respondent prosecuted one Mr.Samir Baron Ray, accused no.1 and his wife Dr. Asha Ray, accused no.2 for the offence punishable under section 13(2) of the Prevention of Corruption Act, 1988 and under section 109 of IPC read with Section 13(l) (e) and Section 13(2) of the said Act. Petitioner stood as a surety to accused No.2, for release of cash amounting to Rs.11,95,600/- found in their house during the search. Ld. Trial Court vide its order dated 23.07.2011 in C.C. No. 06/2013 directed that Rs.11,95,600/- seized in cash from the residence of accused no.2 be released on execution of bank guarantee or security in any other form to the satisfaction of the Court. In compliance of the said order, accused no.2 presented surety bond of Petitioner in form of two FDRs of Rs.l5 Lakhs and Rs.3 Lakhs and an endorsement 'not to encash the FDR without the orders of the Ld. Trial Court' was made on the original FDR. On said terms, cash of Rs.11,95,600/- was released. Trial Court vide its judgment dated 29.08.2014 in C.C. No. 06/2013 convicted accused No. 1, Mr.Samir Baron Ray, and acquitted accused No. 2 from all the charges and found her not guilty.

(3.) As per final judgment dated 29.08.2014, an amount of Rs.11,95,600/- was found to have been received from the sale of shop No. G- 37, Vardhaman City Mall, Dwarka, New Delhi belonging to accused no.2, who has been acquitted. The accused No.1, Mr.Samir Baron Ray, filed an appeal bearing Crl. Appeal No. 1447 of 2014 before this Court and the same is pending in the category of 'Regulars' matters. The respondent herein has also filed an appeal as Crl. Appeal No.181 of 2015 for the purpose of enhancing the sentence given to accused No.1 and the same is also pending in the category of "Regulars" before this Court. However, no appeal has been filed by the respondent against acquittal of accused No.2, Dr. Mrs.Asha Roy.