A.K Sahni (In Jc) vs Central Bureau Of Investigation on 23 March, 2023

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Delhi High Court - Orders

A.K Sahni (In Jc) vs Central Bureau Of Investigation on 23 March, 2023

Bench: Anup Jairam Bhambhani

                          $~5
                          *   IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.A. 1345/2015 & CRL.M.As. 4850/2023, 4851/2023
                                 A.K SAHNI (IN JC)                                      ..... Appellant

                                                    Through:     Mr. Sunil Chaudhary, Advocate.
                                                    versus

                                 CENTRAL BUREAU OF INVESTIGATION         ..... Respondent
                                             Through: Mr. Sachin Singh and Mr. Sarthak
                                                       Anand, Advocates for Ms. Anubha
                                                       Bhardwaj, SPP.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 23.03.2023 CRL.M.A.4981/2023 By way of the present application under section 394(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the applicants, who are the surviving legal representatives of the appellant, who (latter) passed away on 23.01.2022, seek leave to continue the appeal through Vipul Sahni, the son of the deceased inter-alia for the reason that the sentence imposed upon the deceased appellant includes a component of fine.

2. Notice on this application was issued on 23.02.2023.

3. Reply dated 18.03.2023 has been filed by the respondent/CBI.

4. Learned counsel for the applicant submits that no rejoinder is required.

5. Though in the reply filed, the CBI has opposed the application on the Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.03.2023 CRL.A. 1345/2015 Page 1 of 3 16:25:50 ground that the relief sought is barred by limitation, that ground has not been elaborated or explained. However, the demise of the appellant as well as his wife have been verified in the reply.

6. Upon being queried, Mr. Sachin Singh, learned counsel appearing on behalf of Ms. Anubha Bhardwaj, learned SPP for the CBI submits, that the opposition was with regard to the delay in filing of the application, which delay has however already been condoned vide order dated 23.02.2023.

7. The application is supported by affidavits of the mother (who was then living) and the sibling of Vipul Sahni, where they inter-alia state that the appeal may be continued by Vipul Sahni (alone) in place of the deceased appellant.

8. In view of the above, the application is allowed.

9. The criminal appeal is permitted to be continued by Vipul Sahni.

10. Amended memo of parties filed alongwith the application is taken on record.

11. The application is disposed-of.

CRL.M.A. 21936/2022

12. By way of this application under section 482 of the Code of Criminal Procedure 1973, the legal heirs of the deceased appellant seek withdrawal of the sum of Rs.2,50,000/-deposited in this court as a condition for grant of bail to the appellant by the Supreme Court vide order dated 23.05.2016 made in SLP (Crl) No. 4187/2016.

13. Issue notice.

14. Learned counsel for the respondent/CBI accepts notice; and seeks time to file a reply.

Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.03.2023 CRL.A. 1345/2015 Page 2 of 3 16:25:50

15. Let reply be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

16. Re-notify on 09th August 2023.

ANUP JAIRAM BHAMBHANI, J MARCH 23, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.03.2023 CRL.A. 1345/2015 Page 3 of 3 16:25:50

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Delhi High Court - Orders