GANDA ALIAS RAO SINGH VERSUS THE STATE OF RAJASTHAN Special Leave to Appeal (Crl.) No. 14054/2023

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 347 of 2024
(Arising out of SLP((CRL) No. 14054/2023)
GANDA ALIAS RAO SINGH APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
Leave granted.
1. Heard learned counsel for the parties.

2. The appellant has undergone incarceration for a period of approximately five and a half years. The Appeal of the year 2021 is not likely to be heard in near future. No major antecedents of the appellant have been brought on record. A case is made out for suspending the entence of the appellant and granting him bail till final disposal of the appeal before the High Court.

3. Hence, the appellant deserves to be enlarged on bail till final disposal of the appeal before the High Court. For that purpose, the appellant sh a ll be produced before the Trial Court within a period of one week from today.

4. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.

5. If the appellant seeks time on unreasonable grounds when the appeal is listed for hearing, the High Court has option of either proceeding to decide the appeal on merits or appointing an Amicus Curiae to espouse the cause of the appellant.
6. The appeal is accordingly allowed.
7. Pending application(s) shall stand disposed of.
……………….J.
[ABHAY S.OKA]
……………….J.
[UJJAL BHUYAN]
NEW DELHI
JANUARY 22, 2024
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ITEM NO.47 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) No. 14054/2023
(Arising out of impugned final judgment and order dated 02-09-2023 in DBCRMSSOSA(A) No. 1117/2023 in D.B. Crl.A. No. 145 of 2021 passed by the High Court of Judicature for Rajasthan at Jaipur)
GANDA ALIAS RAO SINGH Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(IA No. 223929/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 223928/2023 – EXEMPTION FROM FILING O.T.)

Date : 22-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Rajesh Kumar Chaurasia, AOR
Mr. Anurag Jain, Adv.
Mrs. Soni, Adv.
Mr. Anant Kumar, Adv.
Mr. Bitu Kumar Singh, Adv.
Mr. Karan Tomar, Adv.
Mr. Onkar Prasad, Adv.

For Respondent(s) Mr. Smarhar Singh, Adv.
Mr. Ketan Paul, AOR
Mr. Manoj Kumar, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.
If the appellant seeks time on unreasonable grounds when the appeal is listed for hearing, the High Court has option of either proceeding to decide the appeal on merits or appointing an Amicus Curiae to espouse the cause of the appellant.
The appeal is allowed in terms of signed order
Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
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