1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 125 /2023 [@ SLP [Crl.] NO.10077/2022]
ASLAM Appellant(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
O R D E R
Leave granted.
We have heard learned counsel for parties. We had issued notice on 09.11.2022 recording as under:Learned counsel for the petitioner submits that out of the nine accused six accused have been granted bail. The two other accused in custody are the ones who were initially named in the FIR and the name of the petitioner was included in a statement recorded four months after the incident.The appellant has been in custody for four and half years. On our query, learned counsel for the State submits that while the complainant has supported the case of the prosecution, another witness has turned hostile. Six out of 40 witnesses have been examined. On our query whether all the remaining witnesses are formal witnesses, learned counsel for the State submits he has to check up! In view of the aforesaid facts and circumstances, we grant bail to the appellant on terms and conditions to the satisfaction of the trial Court.2 In case the accused is again involved in any other case, we grant liberty to the prosecution to approach the trial Court itself for cancellation of bail which would be considered by the trial Court on its own merits.Needless to say that in terms of the orders of the High Court, appropriate security will be madeavailable for the family of the complainant. The appeal accordingly stands disposed of. …J.
[SANJAY KISHAN KAUL] …J.
[ABHAY S. OKA]
NEW DELHI;
JANUARY 16, 2023.
3 ITEM NO.9 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(s) for Special Leave to Appeal (Crl.) No(s). 10077/2022 (Arising out of impugned final judgment and order dated 21-09-2022 in MCRC No. 43575/2022 passed by the High Court Of M.P. At Indore)
ASLAM Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
Date : 16-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
HON’BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Pradeep Gupta, Adv.
Mr. Parinav Gupta, Adv.
Mrs. Mansi Gupta, Adv.
Mr. Rahul Kumar Choudhary, Adv.
Dr. (Mrs. ) Vipin Gupta, AOR
For Respondent(s) Mr. Bharat Singh, A.A.G.
Mr. Pashupathi Nath Razdan, AOR
Mr. Prithviraj Singh, Adv.
Mr. Astik Gupta, Adv.
Ms. Ayushi Mittal, Adv.
Mr. Vipul Abhishek, Adv.
Mr. D. Bharat Kumar, Adv.
Mr. Venkata Raghuvamsy D., AOR
Mr. Aman Shukla, Adv.
Mr. M. Chandrakanth Reddy, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appellant is granted bail on terms and conditions to the satisfaction of the trial Court.The appeal stands disposed of in terms of the
signed order.
Pending application if any, stands disposed of.
(ASHA SUNDRIYAL) (POONAM VAID)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file]

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