1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.88 OF 2023 (Arising out of SLP(Crl.)No.4468 of 2021)
ALLISHA KASHYAP & ANR. APPELLANTS
Versus
THE STATE OF JHARKHAND RESPONDENT
O R D E R
1. Leave granted.
2. The challenge in the instant appeal is to the condition imposed by the High Court of Jharkhand at Ranchi in its impugned order dated 01.12.2020 to the effect that though the appellants are entitled to be released on regular bail but they shall jointly deposit a demand draft of Rs.20,00,000/- (Rupees twenty lakhs), drawn in favour of the informant (complainant), without prejudice to their defence in the case. The condition of payment of Rs.20,00,000/- (Rupees twenty lakhs) has been imposed purportedly on the statement made on behalf of the appellants. A similar condition regarding payment of Rs.53,60,000/- was imposed on the parents of the appellants by the High Court while releasing them on regular bail. The said condition has since been set aside by this Court vide Order dated 19.03.2021 passed in SLP(Crl.)No.1274 of 2021 ( Manoj Kumar Sood & Anr . vs. State of Jharkhand ).
3. For the reasons stated in the above-mentioned Order, the appeal is allowed, and the condition of deposit of Rs.20,00,000/- 2(Rupees twenty lakhs), imposed on the appellants by the High Court vide its impugned order dated 01.12.2020 for their enlargement on bail, is set aside.
4. As a result, pending interlocutory applications also
stand disposed of. …………………….J.
( SURYA KANT )…………………..J.
(V. RAMASUBRAMANIAN)
NEW DELHI;
JANUARY 12, 2023.
3 ITEM NO.6 COURT NO.9 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).4468/2021 (Arising out of impugned final judgment and order dated 01-12-2020 in BA No.7510/2020 passed by the High Court of Jharkhand at Ranchi)
ALLISHA KASHYAP & ANR. Appellant(s)
VERSUS
THE STATE OF JHARKHAND Respondent(s)
IA No.71963/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No.71962/2021 – EXEMPTION FROM FILING PROOF OF SURRENDER IA No.71964/2021 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES
Date : 12-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s)
Mr. T. V. George, AOR For Respondent(s) Mr. Arunabh Choudhary, Sr.Adv.
Ms. Pragya Baghel, Adv.
Mr. Anando Mukherjee, AOR
Mr. Punit Singh Bindra, Adv.
Mr. Shwetank Singh, Adv.
Ms. Ekta Bharati, Adv.
Mr. Aniruddha Mahadevan Sethi, Adv.
Mr. Joby P. Varghese, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted. For the reasons stated in the Signed Order, the appeal is allowed, and the condition of deposit of Rs.20,00,000/- (Rupees twenty lakhs), imposed on the appellants by the High Court vide its impugned order dated 01.12.2020 for their enlargement on bail, is
set aside. As a result, pending interlocutory applications also
4 stand disposed of.
(SATISH KUMAR YADAV) (KAMLESH RAWAT)
DEPUTY REGISTRAR COURT MASTER
(Signed order is placed on the file)