1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.188 OF 2023 (Arising out of SLP(Crl.)No.9509 of 2021)
DAMODARAN & ANR. APPELLANTS
Versus
THE STATE OF TAMIL NADU & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. The appellants are aggrieved by the Order dated 22.10.2021 whereby the High Court of Judicature at Madras cancelled the regular bail earlier granted to them by the Trial Court.
3. The allegation as contained in FIR No.57 dated 18.02.2021, registered under Sections 420, 506(1) IPC is that Accused Nos.1 and 2 with the assistance of the appellants duped the complainant by receiving Rs.4,00,000/- (Rupees four lakhs) under the pretext of leasing out the house but they failed to hand over the vacant possession. The appellants were granted bail by the Trial Court on 18.02.2021 but the said Order came to be challenged at the instance of the complainants/respondent Nos.2 to 13 in August, 2021 and vide impugned order dated 22.10.2021, the High Court cancelled the bail.
4. This Court on 17.12.2021 while issuing notice, stay the operation of the impugned order dated 22.10.2021 passed by the High 2 Court of Judicature at Madras, and as a result thereof, the appellants continue on bail.
5. We have heard learned counsel for the parties and carefully perused the record.
6. In our considered view, there was absolutely no justification for the High Court to cancel the regular bail granted to the appellants by the Trial Court. The order impugned is palpably illegal and the same is, accordingly, set aside. The order dated 18.02.2021, passed by the Trial Court, granting bail to the appellants herein is restored.
7. It is made clear that the observations made by the High Court or this Court shall have no bearing on the merits of the case.
8. The appeal stands allowed in the above terms. …………………….J.( SURYA KANT )…………………..J.
(J.K. MAHESHWARI)
NEW DELHI;
JANUARY 19, 2023.
3 ITEM NO.4 COURT NO.9 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).9509/2021 (Arising out of impugned final judgment and order dated 22-10-2021 in CRLOP No.16542/2021 passed by the High Court of Judicature at Madras)
DAMODARAN & ANR. Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU & ORS. Respondent(s)
Date : 19-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mr. A Sirajudeen, Sr. Adv.
Mrs. Manjeet Chawla, Adv.
Ms. Garima Verma, Adv.
Mr. Ashwini Kumar, Adv.
Mrs. Ushapant Kukreti, Adv.
Ms. Manjeet Chawla, AOR
For Respondent(s) Dr. Joseph Aristotle S., AOR
Mr. Shobhit Dwivedi, Adv.
Ms. Vaidehi Rastogi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands allowed in terms of the signed order.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)
(Signed order is placed on the file)