1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2024
(Arising from SLP(Crl.)No(s).16147/2023 )
BHUTTO APPELLANT(S)
VERSUS
STATE OF HIMACHAL PRADESH RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the appellant and the respondent-State.
The allegations against the appellant relate to commission of offences punishable under Sections 325, 307 and 109 of the Indian Penal Code, 1860. On behalf of the State it
has been submitted that there was grievous injury on the head of the victim. We are not making any observation or comment in that regard. Investigation in this case has been completed.
There is no allegation of non-cooperation from the appellant. In response to our query as to whether the appellant has had any criminal antecedents or not, the learned counsel for the State answered in the negative. Charge sheet has also been submitted.
In such circumstances, we do not think there is any necessity of taking the appellant in custody at this stage. But he shall participate in the proceeding subsequent to filing of charge sheet before the Trial Court. We, accordingly, set aside the impugned judgment and order and direct that in the event the appellant is arrested in connection with the FIR No.188/2023 dated 22.10.2023, registered with Police Station Ghumarwin, District Bilaspur, Himachal Pradesh, he shall be released on bail on such terms the concerned Court may consider fit and proper. Needless to add, the appellant, while being released on bail shall be imposed the conditions enumerated in Section 438(2) of the Code of Criminal Procedure, 1973 in addition to any other condition the concerned Court may impose.
The appeal stands allowed in the above terms.
Pending application(s), if any, shall stand disposed of.
……………….J.
[ ANIRUDDHA BOSE ]
……………….J.
[SANJAY KUMAR ]
New Delhi;
February 07, 2024.
ITEM NO.11 COURT NO.5 SECTION II-C
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). 16147/2023
(Arising out of impugned final judgment and order dated 08-12-2023 in CR.MP(M) No. 2902/2023 passed by the High Court Of Himachal Pradesh At Shimla)
BHUTTO PETITIONER(S)
VERSUS
STATE OF HIMACHAL PRADESH RESPONDENT(S)
(IA No.258503/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.258504/2023-EXEMPTION FROM FILING O.T. )
Date : 07-02-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Ms. Radhika Gautam, AOR
For Respondent(s) Mr. Anubhav Sharma, Adv.
Mr. Gaurav Prakash Pathak, Adv.
Mr. Nishant Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is granted anticipatory bail in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI)
COURT MASTER (SH) ASSISTANT REGISTRAR