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2010 Supreme(SC) 1366
SUPREME COURT OF INDIA
ALTAMAS KABIR, CYRIAC JOSEPH, JJ.
Kulshrestha Dhingra and Another – Appellants
Versus
State NCT of Delhi and Another – Respondents
Criminal Appeal No. 2165 of 2010, SLP (Cri) No. 4620 of 2010
Decided On : 18-11-2010
Cooperation with investigating authorities and awaiting the result of the investigation before seeking release of seized money.
Headnote:
Bail Application - Release of Seized Money - The court set aside the direction to release the seized amount but directed the appellants to cooperate with the investigating authorities and await the result of the investigation before seeking release of the money.
Fact of the Case:
The appellants filed an appeal against the Delhi High Court's order directing the release of seized money from their account to the respondent No. 2 during an ongoing investigation.
Finding of the Court:
The court allowed the appeal, set aside the direction for release of the money, and directed the appellants to cooperate with the investigating authorities. It also clarified the procedure for seeking release of the amount after the filing of the final report by the police authorities.
Issues: Release of seized money during ongoing investigation, cooperation with investigating authorities, and procedure for seeking release of the amount after the filing of the final report.
Ratio Decidendi: The court emphasized the need to await the result of the investigation before releasing the seized money and directed the appellants to cooperate with the investigating authorities.
Final Decision: The appeal was allowed, the direction for release of the seized amount was set aside, and the appellants were directed to cooperate with the investigating authorities and await the result of the investigation before seeking release of the money.
ORDER :
1. Leave granted.
2. This appeal is directed against the judgment and order dated 10th May, 2010, passed by the Delhi High Court in Bail Application No. 141 of 2010, under Section 438 Criminal Procedure Code By virtue of the impugned order the Delhi High Court confirmed the earlier order restraining the investigating authorities from arresting the appellants in connection with FIR No. 6/2010 of Vasant Kunj South Police Station, New Delhi, with the direction that the amount of Rs. 25 lakhs, which had been seized from the account of the appellant No. 1 and had been invested in a Fixed Deposit, be released to the respondent No. 2 on her furnishing adequate security to the satisfaction of the Metropolitan Magistrate.
3. Aggrieved by the said direction, the appellants have filed the instant appeal.
4. Admittedly, the matter is still at the stage of investigation and in our view having regard to the claims and counter claims and the dispute relating to title, the High Court erred in directing release of the money and the same should await at least the result of the investigation.
5. We, accordingly, allow the appeal and set aside the direction regarding the release of the said amount of Rs. 25 lakhs lying in the bank to the respondent No. 2, but we also direct that the appellants shall cooperate with the investigating authorities in completing the investigation. For the said purpose, the appellants shall report to the investigating officer, as and when called upon to do so.
6. We also make it clear that if a charge-sheet is filed against the appellants, they shall surrender before the trial court and shall pray for regular bail. We further make it clear that either of the parties would be at liberty to apply to the trial court with regard to the release of the amount lying in the Fixed Deposit after the filing of the final report by the police authorities under Section 173(2) Criminal Procedure Code.
7. The appeal is allowed and disposed of accordingly.
