1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s) …/2023
Arising out of SLP(Criminal) No. 8398/2022
AJAY KUMAR & ORS. Appellant(s)
VERSUS
THE STATE OF CHHATTISGARH & ORS. Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the appellants and the State. Learned Counsel for the appellants has submitted that two other persons arraigned as accused in the same case have already been enlarged on bail. We did not find any distinguishing feature or aggravated circumstances so far as the present appellants are concerned. We do not think continued detention of the appellants is necessary. We accordingly, set aside the order impugned and suspend the sentence of the appellants viz Ajay Kumar, Faguram and Yashwant Kumar. Let the appellants be released on bail in the subject-case for persuading us to take a course different from that taken in respect of the two other co-accused persons on such terms and conditions as the Trial Court may consider fit and proper.
The appeal is allowed in the above terms.
2 Pending application(s), if any, shall also stand disposed of. There shall be no order as to costs. .J.
[ANIRUDDHA BOSE] .J.
[SUDHANSHU DHULIA]
New Delhi.
January 27, 2023.
3 ITEM NO.43 COURT NO.11 SECTION II S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave to Appeal (Crl.) No(s). 8398/2022 (Arising out of impugned final judgment and order dated 12-07-2022 in IA No. 1/2021 passed by the High Court Of Chhatisgarh At Bilaspur)
AJAY KUMAR & ORS. Petitioner(s)
VERSUS
THE STATE OF CHHATTISGARH & ORS. Respondent(s)
IA No. 132294/2022 – EXEMPTION FROM FILING O.T.
Date : 27-01-2023 The matter was called on for hearing today.
CORAM HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Sameer Shrivastava, AOR
For Respondent(s) Mr. Sumeer Sodhi, AOR
Mr. Devashish Tiwari, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.T he appellants be released on bail on such terms and conditions as the Trial Court may consider fit and proper. The appeal is allowed in terms of the signed order. Pending application(s), if any, shall also stand disposed of.
(JATINDER KAUR) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
[Signed order is placed on the file]