IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
[arising out of SLP (Crl.) No. 9516 of 2023]
ASHISH ….. APPELLANT(S)
VERSUS
STATE OF HARYANA ….. RESPONDENT(S)
O R D E R
1. Leave granted.

2. The appellant Ashish is an accused in First Information Report No. 193 dated 04.03.2023 registered with Police Station Hisar Sadar, District – Hisar, Haryana for the offence(s) punishable under Sections 419 and 420 of the Indian Penal Code, 1860 . The appellant Ashish had approached the High Court by presenting an application under Section 438 of the Code of Criminal Procedure, 1973 , which has been rejected by the impugned judgment and order dated 24.07.2023.

3. The allegation in the FIR is that one Rahul, impersonating as the appellant Ashish, was found in the examination hall writing the test in Science pertaining to the (10 th Class) Board Examination.
4. It is not disputed that co-accused Rahul has since obtained bail and the chargesheet has also been filed against him. Insofar as the appellant Ashish is concerned, the counter affidavit of the respondent State reveals that he has joined the investigation and as on date of filing of such counter affidavit, he was likely to be challaned shortly.

5. Having regard to the fact that the appellant Ashish was a teenager on the date the alleged offence was committed, and particularly having regard to the fact that Rahul has been granted bail, we are inclined to accept the present appeal.
6. Accordingly, we direct that in the event of the appellant Ashish 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. The appellant Ashish shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.
7. Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.
8. We clarify that observations made in this order are for the purpose of disposal of the present appeal, and should not be construed as findings and observations on the merits of the case.
9. Pending application(s), if any, shall stand disposed of.
…………………….J.
(DIPANKAR DATTA)
…………………….J.
(K.V. VISWANATHAN)
NEW DELHI;
MARCH 01, 2024.

3
ITEM NO.38 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(s) for Special Leave to Appeal (Crl.) No. 9516/2023
(Arising out of impugned final judgment and order dated 24-07-2023 in CRM-M No. 35203/2023 passed by the High Court of Punjab & Haryana at Chandigarh)
ASHISH Petitioner(s)
VERSUS
STATE OF HARYANA Respondent(s)

Date : 01-03-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Rameshwar Singh Malik, Sr. Adv.
Mr. Jitesh Malik, Adv.
Mr. Abhaya Nath Das, Adv.
Ms. Beena, Adv.
Mr. Budha Deo Prasad, Adv.
Mr. Satish Kumar, AOR

For Respondent(s) Mr. Raj Singh Rana, A.A.G.
Mr. Samar Vijay Singh, AOR
Mr. Keshav Mittal, Adv.
Ms. Sabarni Som, Adv.
Mr. Fateh Singh, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
W e direct that in the event of the appellant Ashish 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. The appellant Ashish shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.

The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)