IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.230 OF 2024
(Arising out of SLP(Crl.)No.616/2024 @ D.No.44038/2019)

AJAY PAL & ORS. APPELLANTS
Versus
STATE OF U.P. & ANR. RESPONDENTS

O R D E R
1. Leave granted.

2. The appellants are facing trial in Criminal Case No.5877/2017, under Sections 419, 420, 406 and 506 IPC, registered at Police Station Kotwali, District Fatehpur, pursuant to which the proceedings are pending before the Chief Judicial Magistrate, Fatehpur. They moved an application for their discharge essentially on the ground that the dispute is civil in nature. Their application was turned down, and against the said order, they approached the High Court. Vide impugned order dated 12.07.2019, the High Court, having regard to the scope of interference in the exercise of powers under Section 482 Cr.P.C, has declined to set aside the order dated 08.02.2019, passed by the Chief Judicial Magistrate, Fatehpur.

3. This Court, on 06.02.2023, after hearing both sides, directed the appellants to surrender before the Court of Chief Judicial Magistrate, District Fatehpur, U.P., on the date fixed and furnish bail bonds to the satisfaction of the said Court, upon which the court was directed to admit them on interim bail. Non- bailable warrants issued against the appellants were, accordingly, stayed.

4. We have heard learned counsel for the appellants as well as learned Additional Advocate General for the respondent-State and carefully perused the material placed on record.

5. During the course of hearing, it is stated by learned counsel for the appellants that pursuant to the interim protection granted by this Court, the appellants have entered appearance and furnished the bail bonds.

6. On behalf of the appellants, it is reiterated that the controversy emanates from a civil dispute pertaining to the lease period of Manglam Marriage Hall. Learned Additional Advocate General, on the other hand, urges that after investigation, some prima facie material has been collected by the Investigating Agency and keeping the same in view, all the issues may be left to be decided by the Trial Magistrate at an appropriate stage.

7. We find some merit in the contention raised by the learned Additional Advocate General for the respondent-State. Since the appellants have already been protected against arrest, we deem it appropriate to dispose of this appeal with a direction that the appellants shall remain on regular bail during the pendency of the trial subject to the condition that (i) they shall not absent before the Trial Court on the dates of hearing unless exempted from such personal appearance; (ii) the appellants shall fully cooperate with the ongoing trial; and (iii) all the issues raised by the appellants which are kept open, shall be examined by the Trial Magistrate at an appropriate stage, after giving adequate opportunity to both the sides to lead their respective evidence.

8. One of the accused Om Dutt Pal is not an appellant before us. He may approach the Chief Judicial Magistrate to admit him on bail. If such an application is filed by him within two weeks, the Chief Judicial Magistrate is directed to release him on bail subject to furnishing bail bonds to the entire satisfaction of the said Court.

9. We make it clear that we have not expressed any opinion on the merits of the case.

10. As a result, the pending interlocutory applications stand disposed of.

…………………….J.
(SURYA KANT)

…………………..J.
(K.V. VISWANATHAN)
NEW DELHI;
JANUARY 12, 2024.

ITEM NO.19 COURT NO.4 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 PETITION (CRIMINAL) .Diary No(s).44038/2019
(Arising out of impugned final judgment and order dated 12-07-2019
in A482 No.24013/2019 passed by the High Court of Judicature at Allahabad)

AJAY PAL & ORS. Petitioner(s)
VERSUS
STATE OF U.P. & ANR. Respondent(s)

IA No.84549/2020 – CONDONATION OF DELAY IN FILING
IA No.84550/2020 – CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS
IA No.166035/2021 – EARLY HEARING APPLICATION
IA No.84553/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No.84551/2020 – EXEMPTION FROM FILING O.T.
IA No.26120/2023 – EXEMPTION FROM FILING O.T.
IA No.26118/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

Date : 12-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Bankey Bihari, AOR
Dr. Ajay Kumar, Adv.
Mr. Birendra Bikram, Adv.
Mr. Kartikeya Gautam, Adv.

For Respondent(s) Mr. Ardendumauli Kumar Prashad, A.A.G.
Mr. Adarsh Upadhyay, AOR
Mr. Aman Pathak, Adv.
Ms. Pallavi Kumari, Adv.
Ms. Ananya Sahu, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.

The appeal is disposed of in terms of the signed order. As a result, the pending interlocutory applications stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)

(Signed order is placed on the file)