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Surender Kumar Maharaj vs Central Bureau Of Investigation (Cbi) on 27 November, 2015

Bench: T.S. Thakur, V. Gopala Gowda

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     ITEM NO.36                           COURT NO.2                 SECTION II

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)               No(s). 9364/2015

     (Arising out of impugned final judgment and order dated 14/08/2015
     in CRLR No. 2783/2015 passed by the High Court of Judicature at
     Allahabad)

     SURENDER KUMAR MAHARAJ                                           Petitioner(s)

                                                 VERSUS

     CENTRAL BUREAU OF INVESTIGATION (CBI) AND ANR.                   Respondent(s)
     (with interim relief and office report)

     WITH

     SLP(Crl) No.9822-9824/2015
     (With appln.(s) for permission to file additional documents and
     Office Report)

     SLP(Crl) No. 9384/2015
     (With Interim Relief and Office Report)

     SLP(Crl) No. 9430/2015
     (With Interim Relief and Office Report)

     Date : 27/11/2015 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE T.S. THAKUR
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA

     For Petitioner(s)
                                   Mr.   Manoj Singh, Adv.
                                   Mr.   Abhay Singh, Adv.
                                   Mr.   Abhishek Shama, Adv.
                                   Mr.   Ranjan Kumar Pandey, Adv.

                                   Mr. Abinash K. Mishra, Adv.
Signature Not Verified
                                   Mr. Ranjan Kumar Pandey,Adv.
Digitally signed by
ASHOK RAJ SINGH
Date: 2015.11.28
10:17:08 IST
Reason:                             Mr. Ankur Mittal,Adv.

     For Respondent(s)
                                   Mr. Pinky Anand, ASG
                                                                                           2

                           Mr.   P.K. Dey, Adv.
                           Mr.   R.S. Jena, Adv.
                           Mr.   B. Sekhar, Adv.
                           Ms.   Snidha Mehra, Adv.
                           Mr.   B.V.Balram Das, Adv.


           UPON hearing the counsel the Court made the following
                              O R D E R

SLP (Crl.)No.9364/2015, SLP (Crl.) No.9822-9824/2015 and SLP (Crl.) No.9384/2015 Learned counsel for the petitioner seeks leave to delete respondent No.2 in SLP (Crl.) No.9364/2015 and SLP (Crl.) No.9384/2015 as an unnecessary party. Deletion prayed for is allowed.

Ms. Pinky Anand, learned ASG appearing on behalf of CBI prays for and is permitted two weeks' time to file her response to the special leave petitions.

Rejoinder affidavit, if any be filed within two weeks thereafter.

Mr. B.V. Balram Das, learned counsel for the respondent seeks some more time to file reply to this petition. He may do so within two weeks.

Learned counsel for the petitioner draws our attention to Pages No.102, 145, 147, 148 and 163 of the Paper Book to argue that the amount of loss allegedly caused to the State Exchequer has been estimated at Rs.2,83,66,316/- (Rupees Two Crores Eighty Three Lakhs Sixty Six Thousand Three Hundred and Sixteen Only) which amount has been recovered by the State Government by withholding the same from out of the Bill payable to Jain Video on Wheel Limited. He submits  3 that in light of the said recovery the direction issued by the High Court asking the petitioner to deposit a sum of Rs.50 lakhs (Rupees Fifty Lakhs only) as a condition for protection against arrest deserves to be stayed.

We see merit in the submission on a prima facie reading of the material on record. Accordingly we direct that the condition regarding deposit of Rs.50 lakhs (Rs. Fifty lakhs) by the petitioner for protection against arrest shall remain stayed.

     (ASHOK RAJ SINGH)                            (VEENA KHERA)
       Court Master                                Court Master