IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1443 OF 2024
(Arising out of S.L.P.(Criminal) No. 252 of 2024)
AMAR NATH TRIPATHI @ A.K.TRIPATHI … APPELLANT(S)
VS.
THE STATE OF JHARKHAND & ANR. … RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the parties.
Perused the impugned order dated 19 th September, 2023 passed by the High Court of Jharkhand at Ranchi. There were two prayers made by the appellant before the High Court in a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”). The first prayer was for setting aside the order dated 28 th June, 2022 passed by the learned Additional Chief Judicial Magistrate, Ranchi by which the bail granted to the appellant was cancelled on the ground that he frequently remained absent. The second challenge was to the order dated 29 th November, 2022 passed by the same Court by which a proclamation under Section 82 of the Cr.P.C. was ordered to be issued. By the impugned order,
the High Court partly allowed the petition by setting aside the order dated 29 th
November, 2022. In terms of the earlier order dated 10 th January,
2024 of this Court, we find from a certified copy of the order dated 22 nd
February, 2024 passed by the Additional Chief Judicial Magistrate, Ranchi that on 22 nd
February, 2024, the appellant appeared before the learned Judge and gave an undertaking to remain present and cooperate with the Court for early disposal of the case. The
undertaking given by the appellant has been taken on record by the Trial Court.
In view of the undertaking and in view of the fact that the appellant has appeared before the Trial Court, we set aside the order dated 28 th June, 2022 by which bail
granted to the appellant was cancelled subject to condition that the appellant will regularly and punctually attend the Trial Court and will cooperate with the Trial Court for early disposal of the case. The appellant will furnish fresh bail bonds within a period
of six weeks.
In case the appellant commits any default, it will
be open for the respondent-State to apply for cancellation of the bail.
The appeal is accordingly allowed.
……………………..J.
(ABHAY S.OKA)
……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
March 07, 2024.
ITEM NO.7 COURT NO.8 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). 252/2024
(Arising out of impugned final judgment and order dated 19-09-2023 in CRMP No. 75/2023 passed by the High Court of Jharkhand at Ranchi)
AMAR NATH TRIPATHI @ A.K.TRIPATHI Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ANR. Respondent(s)
(IA No.3153/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 07-03-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s)
Mr. Ashutosh Kumar Mishra, AOR
Mr. Rishabh Shukla, Adv.
Mr. Arghay Ajay Gautam, Adv.
Ms. Anjali Rawat, Adv.
Ms. Radhika Goel, Adv.
For Respondent(s)
Mr. Gautam Narayan, AOR
Ms. Asmita Singh, Adv.
Mr. Harshit Goel, Adv.
Mr. Sujay Jain, Adv.
Mr. K.V. Vibu Prasad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
We have noticed that not only in this case, in several Special Leave Petitions listed today, the Registry has not placed the earlier orders on the top of the file under the caption ‘Record of Proceedings’.
Therefore, in each case, we had to go through the office reports for perusing the earlier orders. The Registrar (Judicial Listing) to take a note and issue necessary directions in this regard.
Pending application also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)