1ITEM NO.2 COURT NO.12 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). 2727/2022
(Arising out of impugned final judgment and order dated 19-01-2022 in MCRC No. 49276/2020 passed by the High Court Of M.P. Principal Seat At Jabalpur)
GANESH KESHARWANI Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
IA No. 42468/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 42469/2022 – EXEMPTION FROM FILING O.T.)
Date : 19-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Sahil Bhalaik, AOR
For Respondent(s) Mrinal Gopal Elker, AOR
Mr. D.S. Parmar, A.A.G.
Mr. Ashish Pandey, Adv.
Mrs. Mrinal Elker Mazumdar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsel for the parties and perused the petition papers including the counter statement filed on behalf of the respondent-State. In the instant case, the petitioner has been granted the benefit of bail by the High Court through its order dated 19.01.2022. However, the only grievance of the petitioner herein, is that the High Court, while granting bail to the petitioner 2 through its Order dated 19.01.2022, had imposed a condition which would be difficult and onerous for the petitioner to comply to get the benefit of the bail. Having noted the view taken by this Court in several matters and also taking note that this Court, through the Order dated 04.04.2022, had stayed the impugned condition imposed upon the petitioner to deposit a sum of Rs. 70,00,000/- (Rupees Seventy Lakhs) to gain the benefit of bail, we deem it appropriate to make the said Order dated 04.04.4022 absolute and the petitioner shall take benefit of the bail which is granted by the High Court dehors the impugned condition.
Petition is accordingly, disposed of.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR