Sandeep Garg vs CBI

Mr. Siddharth Mridul, J.—CRL.M.A. 9499/2016

The present application under Section 482 of the Code of Criminal Procedure, 1973 (in short ''CrPC'') prays as follows:-

"A) exempt the appellant from depositing/paying the fine imposed by the learned Trial Court of Shri Bhupesh Kumar, Special Judge (PC Act) CBI- 01, Saket Courts New Delhi in RC No.3(A)/2004/CBI/SPE/ACU-V/New Delhi bearing CC No.09/2013 titled CBI v. Sandeep Garg and others vide order on sentence dated 3.5.2016;"

Notice.

Ms. Rajdipa Behura, learned Special Public Prosecutor, accepts notice on behalf of the CBI.

In the present case it is observed that vide order dated 01.06.2016 the sentence imposed on the applicant/appellant has already been suspended by this court and he has been directed to be released on bail on his furnishing a personal bond in the sum of Rs.1 lakh with two sureties of the like amount to the satisfaction of the trial court subject to his depositing the fine of Rs.25 lakh imposed by the trial court by way of order on sentence dated 03.05.2016.

Mr. Abhijat, learned counsel appearing on behalf of the appellant states that he is unable to enjoy the fruit of the aforesaid order dated 01.06.2016, in view of the circumstance that he is impecunious and, consequently, unable to deposit the fine of Rs.25 lakh imposed by the trial court by way of the judgment and order on sentence impugned in CRL.A. No.490/2016, which has already been admitted by this court.

Ms. Behura, learned Special Public Prosecutor appearing on behalf of the CBI, states that the appellant possesses assets to the tune of Rs.3.18 crores which is disproportionate to his known sources of income and would, therefore, be in a position to deposit the fine.

In the present case it is observed that the disproportionate assets belonging to the appellant as well as his bank accounts have since been seized and the appellant is not in a position to operate them. A perusal of Annexure ''A'' to the present application reveals that Ms. Vinita Garg, wife of the appellant, operates an account in the Bank of Baroda, Chandigarh Branch, and has only a sum of Rs.3,535.38 standing in that account as on date.

Sub-section (2) of Section 357 of the Cr.P.C. stipulates as follows:-

"357. Order to pay compensation.

xxx xxx xxx

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

xxx xxx xxx"

A plain reading of the afore-extracted sub-section (2) of Section 357 Cr.P.C., leaves no manner of doubt that when an appeal is pending adjudication the deposit of the fine imposed may be stayed by the appellate court.

Directed accordingly.

In view of the foregoing, the present application is allowed. It is made clear that the non-deposit of fine shall not constitute an impediment in the compliance by the concerned court of the order dated 01.06.2016 in Crl.M.(Bail) No.1017/2016.

The application is disposed of accordingly.

A copy of this order be given dasti under signature of Court Master to counsel for the parties.

CRL.M.A. 9500/2016

In view of the direction issued in Crl.M.A. 9499/2016, the present application has been rendered infructuous and is disposed of accordingly.