IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 16351 OF 2023)
ASHISH KUMAR NIRANJAN APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH RESPONDENT(S)
O R D E R
Leave granted.
Having heard the learned counsel for the parties , and taking into consideration that the appellant – Ashish Kumar Niranjan has already suffered around three years of incarceration, secondly, he has settled the matter with the complainant and, lastly, he is on bail in the other cases, we accept the present appeal and direct that the appellant – Ashish Kumar Niranjan will be released on bail during the pendency of the trial in the chargesheet arising out of
First Information Report (FIR) no. 345/2019 dated 24.10.2019 registered with Police Station Lahar, District Bhind, Madhya Pradesh for the offence(s) punishable under Sections 409, 420 and 34 of the Indian Penal Code, 1860 and Section 6(1) of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, on terms and conditions to be fixed by the trial court.
In addition, the appellant – Ashish Kumar Niranjan shall comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973.
In case the appellant – Ashish Kumar Niranjan remains unrepresented or takes adjournments during the trial, it will be open to the trial court to cancel the bail granted to him. Recording the aforesaid, the impugned judgment is set aside, and the appeal is allowed.
We clarify that the observations made in the present order for the grant of bail are for the disposal of the present appeal and will not be treated as an expression of opinion on the merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 19, 2024.
Crl.A. @ SLP(Crl.) No. 16351/2023 2
ITEM NO.1 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. 16351/2023
(Arising out of impugned final judgment and order dated 22-06-2023
in MCRC No. 19771/2023 passed by the High Court of M.P. at Gwalior)
ASHISH KUMAR NIRANJAN Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
(IA No.248868/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.248869/2023-EXEMPTION FROM FILING O.T.)
Date : 19-01-2024 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. Sarvesh Singh, Adv.
Mr. Mohd. Saquib Siddiqui, Adv.
Mr. Amod Kumar Bidhuri, Adv.
Ms. Srishti Kasana, Adv.
Ms. Priyanka Singh, Adv.
Mr. Ankur Prakash, AOR
Mr. Akarsh Garg, Adv.
Mr. Yudhister Bharadwaj, Adv.
Ms. Sunita Verma, Adv.
For Respondent(s)
Mr. Yashraj Singh Bundela, AOR
Mr. Pawan, Adv.
Ms. Jyoti Verma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In terms of the signed order, the present appeal is accepted and it is directed that the appellant – Ashish Kumar Niranjan will be released on bail during the pendency of the trial in the chargesheet arising out of First Information Report (FIR) no. 345/2019 dated 24.10.2019 registered with Police Station Lahar, District Bhind, Madhya Pradesh for the offence(s) punishable under Sections 409, 420 and 34 of the Indian Penal Code, 1860 and Section 6(1) of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, on terms and conditions to be fixed by the trial court. In addition, the appellant – Ashish Kumar Niranjan shall comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973.
The impugned judgment 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)