IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 202 4
(arising out of SLP (Crl.) No. 13405 of 2023)
FRANK ….. APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH ….. RESPONDENT(S)
O R D E R
Leave granted.
In view of the period of incarceration of more than four years suffered by the appellant Frank and the fact that only two witnesses out of fourteen prosecution witnesses have been examined during this period , we accept the present appeal and direct that the appellant Frank will be released on bail in connection with First Information Report 1 No. 300/2019 dated 02.07.2019 registered with Police Station Annapurna , District Indore , Madhya Pradesh for the offence(s) punishable under Sections 489-A, 489-C, 420, 34,
465, 468 and 471 of the Indian Penal Code, 1860 during the pendency of the trial , on terms and conditions to be fixed by the trial court.
In addition, the appellant Frank will also provide one
mobile number, on which he can be contacted by the Station House
Officer(SHO)/Investigating Officer, while he is on bail, to
ascertain his whereabouts.
The impugned judgment/order is set aside and the appeal is
allowed in the aforesaid terms.
We clarify that observations made in this order are for the
purpose of disposal of the present appeal, and will have no bearing
on the merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 05, 2024.
ITEM NO.2 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). 13405/2023
(Arising out of impugned final judgment and order dated 09-03-2022
in MCR.C No. 12031/2022 passed by the High Court of M.P. at Indore)
FRANK Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
Date : 05-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. M. Z. Chaudhary, Adv.
Mr. Aftab Ali Khan, AOR
Mr. S. A. Zaidi, Adv.
Ms. Maansi Chahal, Adv.
Mr. Kapil Sagar, Adv.
Mr. Tabarak Hussain, Adv.
For Respondent(s)
Mr. Pashupathi Nath Razdan, AOR
Mr. Rovins Francis, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Shashi Shekhar Kumar Prasad, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
In view of the period of incarceration of more than four years
suffered by the appellant Frank and the fact that only two witnesses out of fourteen prosecution witnesses have been examined during this period , we accept the present appeal and direct that the appellant Frank will be released on bail in connection with First Information Report 2 No. 300/2019 dated 02.07.2019 registered with Police Station Annapurna , District Indore , Madhya Pradesh for the offence(s) punishable under Sections 489-A, 489-C, 420, 34, 465, 468 and 471 of the Indian Penal Code, 1860 during the pendency of the trial , on terms and conditions to be fixed by the trial court.
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
2
For short, �FIR�.