Final Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc. DJ ASJ/27/2023
CNR No. DLCT11000085-2023
CC No. 27/2023
Jogender Vs. State
FIR No. 34/2008
PS ACB
16.03.2023
Present : Sh. Kumar Sanjay, Ld. Prosecutor for the State.
Applicant Jogender Singh Rathor in person along with Counsel
Ms. Urvashi Sharma.
The initial IO of the case FIR no. 34/08 ACP H. P. S. Sodhi is
present.
Retired ACP K. R. Meena, who finally filed the final report of FIR
no. 34/08 is also present.
ACP Rajrani, who was the IO of FIR no. 21/09 from ACB is present.
ACP Rajrani has submitted a detailed reply already as to the freezing
of the account in question. It is submitted by the ACP, who is IO of FIR no. 21/09
of PS ACB that in this case, initially one FIR no. 34/08 was registered in PS ACB
on 16.10.2008. The said FIR was registered against one Inspector K. G. Tyagi &
Ors. During investigation of that case, a passbook of bank account no. 44767
pertaining to Punjab & Sind Bank, Babar Pur Branch, Shahdara, Delhi, was found
at the house of applicant Jogender Singh. The IO of the FIR no. 34/08 suspected
that in the said account, the bribe amount received by K. G. Tyagi may have been
parked. However, subsequently regarding some disproportionate asset of K. G.
Tyagi, another FIR no. 21/09 was registered on 13.08.2009.
Subsequently, in the FIR no. 21/09, closure report was filed which
was accepted by this Court vide order dated 07.01.2023. So far as FIR no. 34/08 is
concerned, admittedly K. G. Tyagi has been discharged by Hon'ble Delhi High
Court on 03.04.2018. In FIR no. 34/08, Jogender Singh was not an accused.
As mentioned above, in FIR no. 21/09, closure report was preferred
which was accepted and therefore there is no accused in that FIR also, as on date.
Even otherwise, in the final report of FIR no. 34/08, this account in question of the
applicant was not mentioned to be part of the case property when the chargesheet
Misc. DJ ASJ/27/2023 CNR No. DLCT11000085-2023 CC No. 27/2023 Jogender Vs. State FIR No. 34/2008 PS ACB
Dated 16.03.2023 Pg. 1
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was filed. In FIR no. 34/08, except one Ravinder Chadhha, against whom there are
some allegations of abetment of offences, all other accused have already been
discharged by the Ld. Predecessor Court or by the Hon'ble High Court. Though,
against the order of discharge of Hon'ble Delhi High Court, some SLP is preferred
and is stated to be pending in Hon'ble Supreme Court, but the freezing of the
account in question is not going to serve any purpose when it was not found to be
case property in FIR no. 34/08 or FIR no. 21/09.
A statement from the bank has been received in which it is mentioned
that a sum of Rs.2,14,837.60 is stated to be available in the account in question.
The applicant submits that the said account is in the name of his
proprietorship account namely N Rathor Metal and that he was the Proprietor of it.
In the facts & circumstances, the account no. 44767 in the name
of the Proprietorship firm of the applicant Jogender Singh in Punjab & Sind
Bank, Babar Pur Branch, Shahdara, Delhi is ordered to be defreezed.
However, the applicant shall tender an indemnity bond in the Court stating
that in case in the trial of FIR no. 34/08 or in the eventuality of further
investigation and trial of FIR no. 21/09, this account is in any way found
connected with the case or the amount lying in the account is found to be
connected with either of those two cases in future and in case the Court
orders, he shall deposit that amount equivalent to the amount lying in the
account as on this date.
Application is accordingly disposed of.
Copy of this order be given dasti to the IO as well as to the Counsel
for the applicant.
The application and this order be annexed with the Parchayadasht of
FIR no. 34/08 and a copy of the same be also annexed with the file of FIR no.
21/09.
(Dig Vinay Singh)
Special Judge (PC ACT) ACB-02
Rouse Avenue Courts
New Delhi / 16.03.2023 (r)
Misc. DJ ASJ/27/2023 CNR No. DLCT11000085-2023 CC No. 27/2023 Jogender Vs. State FIR No. 34/2008 PS ACB
Dated 16.03.2023 Pg. 2
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