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2020 Supreme(Del) 680

SURESH KUMAR KAIT
Major General Ss Dhaka – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
Dr. Amit George, Mr. Alex Joseph, Mr. Piyo Harold, Mr. Raya Durgam Bharat, Mr. Rishabh Dheer and Mr. Amol Acharya, Advs. for the Appellant; Mr. Anupam S. Sharrma, SPP for CBI with Mr. Parikshitt Sharma and Mr. Apoorv Bansal, Advs. for the Respondent

JUDGMENT

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

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