Delhi District Court
Mohd. Safi vs State (Gnct Of Delhi) on 23 April, 2015
IN THE COURT OF SHRI TALWANT SINGH
DISTRICT& SESSIONS JUDGE (EAST)
KARKARDOOMA COURTS, DELHI
CR No.12/15
Unique Case ID No. 02402R0088912015
Mohd. Safi
S/o Sh. Ahmadulla
R/o I132, Gali No.9,
Garwali Mohalla,
Laxmi Nagar, Delhi110092. ... Petitioner
Versus
State (GNCT of Delhi) ... Respondent
Date of Institution : 16.03.2015
Date of order reserved : 09.04.2015
Date of order : 23.04.2015
O R D E R
This revision petition is directed against the order dated 16.12.14 by which application of the petitioner under section 451 Cr.PC was dismissed.
2 Case of the revisionist is that he is complainant in the case titled "State Vs. Mobin Siddiqui" U/s 406 IPC and Section 3 CR NO. 12/15 Mohd. Safi Vs. State Page 1 of 4 & 4 of The Dowry Prohibition Act. One of the accused had filed an application for interim bail and at the hearing of said application, he had agreed/offered to return a sum of Rs.3,20,000/ and one gold ring to the complainant which was given by the complainant at the time of ring ceremony/roka ceremony but the complainant did not accept the said offer, but contested the bail. Accused was granted anticipatory bail. A sum of Rs.3,20,000/ and gold ring were seized and sent to Malkhana of PS Shakarpur. Thereafter, the revisionist moved an application u/s 451 Cr.PC for release on superdari of amount of Rs. 3,20,000/ and gold ring but his application was dismissed vide impugned order.
3 The impugned order has been challenged on the ground that it is based on surmises and conjectures; court failed to consider that it was a conditional bail granted to the accused on the condition that he should return the amount of Rs.3,20,000/ and gold ring as the same belong to the complainant. It has been further submitted that Trial Court believed the version of the accused that he has no objection to return the amount, if the complainant settles the whole matter.
4 Notice was issued to the State. I have heard Ld CR NO. 12/15 Mohd. Safi Vs. State Page 2 of 4 counsel for the revisionist as well as Ld. Chief PP for the State and I have gone through record of the case. When notice of the application U/s 451 Cr.P.C. was sent to the accused, who is on bail, he had submitted that he had no objection to release of the amount and gold ring subject to final settlement of the matter. At this stage, there is no ground for release of the amount of Rs.3,20,000/ and gold ring to the complainant as it has not been proved on record by leading substantive evidence that amount of Rs.3,20,000/ and gold ring were infact given by the complainant to the accused at the time of Ring Ceremony/Rokka Ceremony and offer of the accused/applicnt to pay an amount of Rs.3,20,000/ and gold ring to the complainant at the time of grant of anticipatory bail can not be taken as admission of guilt by the accused/applicant and at the most it can be termed as an offer to secure bail which was refused to be accepted by the complainant. Trial of the case may take time.
5 I am of the view that amount of Rs.3,20,000/ and gold ring are liable to be handed over either to the accused or to the complainant at the end of the trial depending upon final outcome of the trial. However to safeguard the interest of the parties, let the amount of Rs.3,20,000/ lying in the Malkhana of PS Shakar Pur be CR NO. 12/15 Mohd. Safi Vs. State Page 3 of 4 deposited in the FDR with UCO Bank, Karkardooma Court in the name of the concerned Trial Court for a period of one year with automatic renewal and interest accrued thereon to be further reinvested during pendency of the trial. Depending upon final outcome of the trial, amount of Rs.3,20,000/ with accrued interest be released either to the accused or to the complainant as the case may be. Trial Court to ensure compliance of this order by issuing necessary directions.
6 In view of above observations, revision petition stands disposed of. A copy of the order be sent to Trial Court for information and compliance.
File be consigned to record room.
Announced in the open Court ( TALWANT SINGH )
Dated: 23.04.2015 District & Sessions Judge (East)
Karkardooma Courts : Delhi
CR NO. 12/15 Mohd. Safi Vs. State Page 4 of 4