AMIT SARAWGI VERSUS UNION OF INDIA THROUGH CBI Special Leave to Appeal (Crl.) No(s). 182/2024

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 182 OF 2024)
AMIT SARAWGI ….. APPELLANT(S)
VERSUS
UNION OF INDIA THROUGH CBI ….. RESPONDENT(S)
O R D E R
Leave granted.
The chargesheet in the present case was filed in September, 2021. During the investigation, the appellant Amit Sarawgi was not arrested. It is also sated that the co-accused in the First Information Report in question, bearing no. RC0932018S0008 dated
20.08.2018 registered with Police Station CBI/EOW/Ranchi, District Ranchi, Jharkhand for the offence(s) punishable under Section 120B read with Sections 420, 467 and 471 of the Indian Penal Code, 1860 have been released either on anticipatory bail or on regular bail. Learned counsel for the appellant accepts that the appellant Amit Sarawgi was released on anticipatory bail in some other cases. By the order dated 08.01.2024, interim protection was granted to the appellant – Amit Sarawgi to the effect that he would not be taken into custody. Direction was also given that the appellant – Amit Sarawgi shall regularly appear before the trial Court.
We find that the allegations against the appellant – Amit Sarawgi are fairly severe. However, keeping in view the aforesaid factors, we are inclined to accept the present appeal and direct that in the event of the appellant Amit Sarawgi being arrested, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
In addition, the appellant Amit Sarawgi shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.
Recording the aforesaid, the impugned judgment/order is set aside and the appeal is allowed in the above terms.
We clarify that this order granting anticipatory bail will not be construed as an order expressing opinion on merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
(DIPANKAR DATTA)
NEW DELHI;
MARCH 01, 2024.
Crl.A. @ SLP(Crl.) No. 182/2024 2

ITEM NO.3 COURT NO.2 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 for Special Leave to Appeal (Crl.) No. 182/2024
(Arising out of impugned final judgment and order dated 16-09-2023
in ABA No. 11568/2022 passed by the High Court Of Jharkhand At
Ranchi)
AMIT SARAWGI Petitioner(s)
VERSUS
UNION OF INDIA THROUGH CBI Respondent(s)
(FOR ADMISSION and I.R. and IA No.2437/2024-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )

Date : 01-03-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Ms. Anusuya Sadhu Sinha, Adv.
Mr. Siddharth Naidu, Adv.
M/s. KSN & Co., AOR
For Respondent(s)
Ms. Aishwarya Bhati, ASG (N/P)
Ms. Ruchi Kohli, Adv.
Mr. Aaditya Dixit, Adv.
Mr. Abdesh Choudhary, Adv.
Mr. Ishaan Sharma, Adv.
Ms. Shreya Jain, Adv.
Mr. Sunit Choudhary, Adv.
Mr. M.K. Maroria, Adv./AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In terms of the signed order, the present appeal is accepted and it is directed that in the event of the appellant Amit Sarawgi being arrested, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
In addition, the appellant Amit Sarawgi shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973. The impugned judgment/order is set aside and the appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)