Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 53/2020
KULDEEP SINGH SENGAR ..... Appellant
Through Mr.N.Hariharan, Sr.Advocate with
Mr.Tanveer Ahmed Mir, Mr.Dhruv
Gupta and Mr.Tushan Rawal,
Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through Mr.Nikhil Goel, SPP with
Mr.Dushyant Sarna and Mr.Vinay
Mathew, Advocates for CBI.
Mr.Dharmendra Kumar Mishra,
Advocate for the victim/complainant.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 17.01.2020
Crl.M.A.No.955/2020
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
Crl.A.No.53/2020
Issue notice.
Mr.Nikhil Goel, learned SPP accepts notice on behalf of CBI
and Mr.Dharmendra Kumar Mishra, Advocate (Mobile
No.9818800830) accepts notice on behalf of the victim/complainant.
Learned counsel for the appellant is directed to supply a copy of the
paper book to learned counsel for the victim/complainant.
Admit.
List in the category of ‘Regular Matters’ in the week
th
commencing 04 May, 2020 as Item No.1, subject to overnight part
heard.
Trial Court record be requisitioned and tagged with the file.
The compilation of the Trial Court record once prepared by the
Registry, shall be supplied to the learned counsel for the parties.
Crl.M.(Bail) No.98/2020
Learned senior counsel for the appellant does not wish to press
the present application. Consequently, the same is dismissed as
withdrawn. However, learned senior counsel for the appellant states
that the appellant shall deposit the fine of Rs.25 lakhs, without
prejudice to his rights and contentions, within a further period of sixty
days.
It is pertinent to mention that the Trial Court has directed the
appellant to pay a fine of Rs.25 lakhs under Section 376 (2), IPC, out
of which, a sum of Rs.10 lakhs shall be paid as additional
compensation to the victim and the balance amount of Rs.15 lakhs
shall be payable towards defraying of expenses incurred in the
prosecution and trial of this case.
Keeping in view the aforesaid, this Court extends the time for
deposit of the fine by a further period of sixty days and directs that
Rs.10 lakhs out of the fine of Rs.25 lakhs shall be released forthwith
to the victim without any conditions attached. The remaining amount
of Rs.15 lakhs shall be deposited with the Registry of this Court, who
shall keep the said amount in an interest bearing Fixed Deposit
Receipt and the same shall abide by further orders to be passed by this
Court.
Order dasti under the signature of the Court Master.
MANMOHAN, J
SANGITA DHINGRA SEHGAL, J
JANUARY 17, 2020
KA