ASHIS CHATTERJEE VERSUS REPUBLIC OF INDIA SLP(Crl.) No. 6515 of 2023

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 6515 of 2023)
ASHIS CHATTERJEE APPELLANT(S)
VERSUS
REPUBLIC OF INDIA RESPONDENT(S)
O R D E R
Leave granted.
We have heard learned counsel for the parties.
The appellant – Ashis Chatterjee has already suffered incarceration for over five and half years. We have also gone through the trial Court records and find that the appellant – Ashis Chatterjee is not responsible for most of the adjournments taken in the trial Court. The trial is proceeding at a slow pace. Looking at the facts of the present case and the period of
incarceration suffered by the appellant – Ashis Chatterjee, we accept the present appeal and direct that the appellant – Ashis Chatterjee will be released on bail during the pendency of the trial on terms and conditions to be fixed by the trial court in the chargesheet arising out of First Information Report (FIR) no. RC.10/S/2014 dated 04.06.2014 registered with Police Station CBI/SCB/Kolkata, District Kolkata, West Bengal for the offence(s) punishable under Sections 420, 120B and 34 of the Indian Penal Code, 1860 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
In addition, the appellant – Ashis Chatterjee shall comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973. The appellant – Ashis Chatterjee will appear in person or through a counsel on all dates of hearing. In case the appellant – Ashis Chatterjee remains unrepresented or takes adjournments or does not cooperate with the trial, it will be open to the trial court to cancel the bail granted to the appellant – Ashis
Chatterjee.
Recording the aforesaid, the impugned judgment/order is set aside, and the appeal is allowed.
We however clarify that observations made in this order are for the purpose of disposal of the present appeal, and would not be construed as findings and observations on the merits of the case.

Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 22, 2024.
Crl.A. @ SLP(Crl.) No. 6515/2023 2

ITEM NO.1 COURT NO.2 SECTION II-B
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. 6515/2023
(Arising out of impugned final judgment and order dated 02-02-2023 in BLAPL No. 3113/2021 passed by the High Court of Orissa at Cuttack)
ASHIS CHATTERJEE Petitioner(s)
VERSUS
REPUBLIC OF INDIA Respondent(s)
(FOR ADMISSION and IA No. 119468/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 22-01-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Mr. Soumya Dutta, AOR
Mr. Susnigdho Bhattacharya, Adv.
Mr. Siddhant Upmanyu, Adv.
Mr. Gurmeet Singh, Adv.
For Respondent(s)
Mrs. Aishwariya Bahti, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Ritwiz Rishab, Adv.
Mrs. Ruchi Kohli, Adv.
Mrs. Suhasini Sen, Adv.
Mr. Raghav Sharma, Adv.
Mr. Rohit Pandey, Adv.
Mr. Gaurang Bhushan, Adv.

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 the appellant – Ashis Chatterjee will be released on bail during the pendency of the trial on terms and conditions to be fixed by the trial court in the chargesheet arising out of First Information Report (FIR) no. RC.10/S/2014 dated 04.06.2014 registered with Police Station CBI/SCB/Kolkata, District Kolkata, West Bengal for the offence(s) punishable under Sections 420, 120B and 34 of the Indian Penal Code, 1860 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
In addition, the appellant – Ashis Chatterjee shall comply with the conditions prescribed 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)