Court No. - 32
Case :- APPLICATION U/S 482 No. - 22726 of 2018 Applicant :- Ramesh Chandra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
This is an application seeking a direction to the learned Chief Judicial Magistrate, Aligarh, District Aligarh to decide the application dated 26.4.2018 moved by the applicant for releasing the amount of Rs. 1,50,000/- in his favour which was deposited by him in Case Crime No. 734 of 2011 (State Vs. Narendra Kumar Varshney), under Sections 406 and 420 IPC, Police Station Atrauli, District Aligarh.
Heard learned counsel for the applicant, learned AGA and perused the record.
A perusal of the record shows that this Court while granting bail to the son of applicant namely Narendra Kumar Varshney alias Banti on 20.3.2013 in Criminal Misc. Bail Application No. 7617 of 2013 had, inter alia, imposed a condition that the applicant shall furnish a Bank Draft for Rs. 1,50,000/- prepared in favour of the informant in the Court of CJM, Aligarh. The amount so deposited by the applicant was further directed to be released in favour of the complainant on his furnishing adequate security to the satisfaction of the court concerned. It was further provided in the said order that in case the applicant is acquitted in the said case, he shall be entitled to claim refund of the aforementioned amount provided there is no legal impediment. In compliance of the said order, a bank draft of Rs. 1,50,000/- was prepared in favour of the complainant and was furnished in the court of CJM, Aligarh. However, the trial of the said case did not reach conclusion as the sole applicant Narendra Kumar Varshney alias Banti died during the pendency of the trial. Thus, the trial of the deceased accused was abated.
The applicant is the father of the deceased Narendra Kumar Varshney alias Banti and had filed an application before the learned Chief Judicial Magistrate that in terms of the bail order dated 20.3.2013 passed by this Court, the amount of Rs. 1,50,000/- may be released in his favour as he represents the estate of the deceased applicant.
The learned counsel for the applicant has stated that since the son of the applicant Narendra Kumar Varshney alias Banti has expired, as such, trial could not be proceeded, thereafter, the father of the deceased Narendra Kumar Varshney alias Banti is fully entitled to get the refund of Rs. 1,50,000/- which was deposited by him through bank draft before the CJM concerned.
A perusal of the bail order dated 20.3.2013 passed by this Court clearly shows that this Court has very specifically observed that the applicant would be entitled to claim refund of the amount deposited by him only if he is acquitted in the said criminal case. But the accused, in the present matter, was not acquitted but has expired and thus criminal proceedings were abated due to his death. Therefore, in terms of the order dated 20.3.2013, the applicant (father) would not entitled to seek refund of the money deposited by the deceased applicant during his bail.
In view of the above, I do not see any justification to interfere in the matter.
The application stands, accordingly, dismissed.
Order Date :- 19.9.2018 vinay