2010 INSC 1155
Kulshrestha Dhingra & Another
v.
State of NCT of Delhi & Another
(Supreme Court Of India)
HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH
Kulshrestha Dhingra & Another v. State of NCT of Delhi & Another
Criminal Appeal No. 2165 Of 2010 [Arising Out Of Slp(Crl.) No. 4620 Of 2010] | 18-11-
2010

1. Leave granted.

2. This appeal is directed against the judgment and order dated 10th May, 2010, passed by the
Delhi High Court in Bail Application No.141 of 2010, under Section 438 Cr.P.C. By virtue of
the impugned order the Delhi High Court confirmed the earlier order restraining the
investigating authorities from arresting the appellants in connection with FIR No.6/2010 of
Vasant Kunj South Police Station, New Delhi, with the direction that the amount of Rs.25
lakhs, which had been seized from the account of the appellant No.1 and had been invested in
a Fixed Deposit, be released to the respondent No.2 on her furnishing adequate security to the
satisfaction of the Metropolitan Magistrate.

3. Aggrieved by the said direction, the appellants have filed the instant appeal.

4. Admittedly, the matter is still at the stage of investigation, and in our view having regard to
the claims and counter claims and the dispute relating to title, the High Court erred in
directing release of the money and the same should await at least the result of the
investigation.

5. We, accordingly, allow the appeal and set aside the direction regarding the release of the
said amount of Rs.25 lakhs lying in the bank to the respondent No.2, but we also direct that
the appellants shall cooperate with the investigating authorities in completing the
investigation. For the said purpose, the appellants shall report to the investigating officer, as
and when called upon to do so.

6. We also make it clear that if a chargesheet is filed against the appellants, they shall
surrender before the trial court and shall pray for regular bail. We further make it clear that
either of the parties would be at liberty to apply to the trial court with regard to the release of

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the amount lying in the Fixed Deposit after the filing of the final report by the police
authorities under Section 173(2) Cr.P.C.

7. The appeal is allowed and disposed of accordingly.
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Kulshrestha Dhingra & Another v. State of NCT of Delhi & Another

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