1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.14/2023 [@ SLP [CRL.] NO.11120/2022]
AVESH DHAKAD Appellant(s)
VERSUS
THE STATE OF MADHYA PRADESH & ANR. Respondent(s)
O R D E R
The complainant was heard by the High Court but has not been impleaded in the present proceedings and that is the grievance made by the learned counsel for the complainant. In view of the aforesaid, the complainant is impleaded as the second respondent.
Notice which is accepted by the learned counsel for the complainant.
We have heard learned counsel for the parties. The appellant has been in custody from 01.11.2021. The DNA report has not supported the allegation and the only reason which permeates the impugned order is that even if the DNA report is negative the prosecutrix cannot be disbelieved. We find this a difficult proposition to accept. In view of the aforesaid, we grant bail to the appellant on the terms and conditions to the satisfaction of the trial Court.
2The appeal stands disposed of. Needless to say that the appellant will cooperate for early completion of the trial…….J.
[SANJAY KISHAN KAUL]…….J.
[ABHAY S. OKA]
NEW DELHI;
JANUARY 03, 2023.
3 ITEM NO.6 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). 11120/2022 (Arising out of impugned final judgment and order dated 12-09-2022 in CRLA No. 7545/2022 passed by the High Court Of M.P. At Gwalior)
AVESH DHAKAD Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH & ANR. Respondent(s)
Date : 03-01-2023 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. Shishir Saxena, Adv.
Mr. Ravinder Nath Pareek, Adv.
Mr. Brijendra Singh, Adv.
Mr. Devesh Maurya, Adv.
Ms. Pritishtha Majumdar, Adv.
Mr. Praveen Swarup, AOR
For Respondent(s) Mr. Gopal Jha, AOR
Mr. Umesh Kumar Yadav, Adv.
Mr. Shreyash Bharadwaj, Adv.
R-2 Ms. Zehra Khan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The complainant is impleaded as respondent No.2. Notice which is accepted by learned counsel for respondent No.2.
Leave granted.
The appellant is granted bail in terms of the signed order.
The appeal stands disposed of.
(ASHA SUNDRIYAL) (POONAM VAID)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file]