Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION No. 1278 of 2023
in
CRIMINAL APPEAL No. 1434 of 2023
M/S. JERMYN CAPITAL LLC DUBAI ...APPELLANT(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. ...RESPONDENT(s)
O R D E R
IA No. 100413/2023 in M.A. No. 1278/2023
By way of this application, the appellant seeks
modification of the order dated 09.05.2023 passed by this
Court allowing the appeal. Thereby, the condition imposed
upon the appellant by the Courts below to furnish a bank
₹
guarantee for release of the sum of 38.52 crore was set
aside and the appellant was permitted to withdraw the said
amount along with 4 percent simple interest payable from
08.05.2006 till the date of actual payment.
2. While so, the appellant produced copies of
various orders passed earlier, be it by the Securities
Appellate Tribunal or by this Court, directing the sale
Signature Not Verified
Digitally signed by
GEETA AHUJA
Date: 2023.05.18
15:12:54 IST
Reason:
proceeds, which ultimately aggregated to 38.52 crore, to be ₹
placed in bank fixed deposits so as to garner a higher rate
of interest. Reference in this regard may be made to the
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order dated 08.05.2006 of the Securities Appellate Tribunal
and the orders dated 05.12.2008, 14.05.2009 & 16.11.2009
passed by this Court.
3. In that view of the matter, the final order
dated 09.05.2023 passed in Criminal Appeal No. 1434 of 2023
shall stand modified by substituting para 21 therein as
under:
“21. As a consequence, the appellant shall be
permitted to unconditionally withdraw the aforesaid
amount along with the fixed deposit interest amount
that has accrued thereon.”
4. IA No. 100413/2023 is allowed and, in
consequence, M.A. No. 1278/2023 stands disposed of.
.......................J.
( KRISHNA MURARI )
.......................J.
( SANJAY KUMAR )
NEW DELHI
th
17 MAY, 2023
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ITEM NO.40 COURT NO.11 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1278/2023 in Crl.A. No. 1434/2023
(Arising out of impugned final judgment and order dated 09-05-2023
in Crl.A. No. No. 1434/2023 passed by the Supreme Court Of India)
M/S. JERMYN CAPITAL LLC DUBAI Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. Respondent(s)
(IA No. 100413/2023 - MODIFICATION OF COURT ORDER)
Date : 17-05-2023 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KRISHNA MURARI
HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s)
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Sunil Fernandes, AOR
Ms. Nupur Kumar, Adv.
Mr. Divyansh Tiwari, Adv.
Mr. M. Thangathurai, Adv.
Ms. Priyansha Sharma, Adv.
Ms. Diksha Dadu, Adv.
For Respondent(s)
Mr. K M Nataraj, A.S.G.
Mr. Rajesh Ranjan, Adv.
Mr. Mukul Singh, Adv.
Mr. Shailesh Madiyal, Adv.
Mr. Pratyush Shrivastav, Adv.
Mr. Arvind Kumar Sharma, AOR
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
M/S. K J John And Co, AOR
UPON hearing the counsel, the Court made the following
O R D E R
IA No. 100413/2023 is allowed and, in consequence, M.A.
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No. 1278/2023 stands disposed of in terms of the reportable signed
order.
(SONIA GULATI) (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Reportable Signed order is placed on the file)