1IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 79 /2023 (@ SLP (CRL.)NO. 7669/2022)
GARUDAPALLI VIJAY LAKSHMI & ANR. APPELLANT(S)
VERSUS
THE STATE OF ANDHRA PRADESH RESPONDENT(S)
O R D E R
1. Leave granted.
2. The prayer for anticipatory bail of Appellant No.1 was rejected by the High Court on 05.08.2022. We enquired from the learned counsel appearing for the State as to whether the first appellant is cooperating with the investigation or not and the answer is in the affirmative.
3. In such circumstances, in our opinion, Appellant No.1 has made out a case for anticipatory bail.
4. We accordingly, set aside the impugned order to the extent it relates to the first appellant and direct that in the event of her arrest, Appellant No.1 shall be released on bail on such terms and conditions the trial Court may consider fit and proper. Needless to add, the first appellant shall continue to cooperate with the investigating agency.2
5. The appeal is allowed in the above terms. Pending application(s), if any, shall stand disposed of …………………..J ( ANIRUDDHA BOSE …………………..J. ( SUDHANSHU DHULIA )
NEW DELHI
10 th JANUARY, 2023
ITEM NO.20 COURT NO.11 SECTION II 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). 7669/2022 (Arising out of impugned final judgment and order dated 05-08-2022 in CRLP No. 4863/2022 passed by the High Court Of Andhra Pradesh At Amravati)
GARUDAPALLI VIJAY LAKSHMI & ANR. Petitioner(s)
VERSUS
THE STATE OF ANDHRA PRADESH Respondent(s)
( IA No. 117534/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 117535/2022 – EXEMPTION FROM FILING O.T.)
Date : 10-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. P.B.suresh, Adv.
Mr. Vipin Nair, AOR
Mr. Arindam Ghosh, Adv.
Mr. Karthik Jayashankar, Adv.
Mr. Anshuman Bahadur, Adv.
Mr. Vinayak Mishra, Adv
For Respondent(s) Mr. Mahfooz Ahsan Nazki, AOR
Mr. Polanki Gowtham, Adv.
Mr. K V Girish Chowdary, Adv.
Ms. Rajeswari Mukherjee, Adv.
Ms. Niti Richhariya, Adv.
Mr. Shaik Mohamad Haneef, Adv.
Mr. T Vijaya Bhaskar Reddy, Adv.
UPON hearing the counsel the court made the following
O R D E R
Leave granted.
4The appeal is allowed in terms of the signed order. Pending application(s), if any,shall stand disposed of. The order inter alia reads as under : We accordingly, set aside the impugned order to the extent it relates to the first appellant and direct that in the event of her arrest, Appellant No.1 shall be released on bail on such terms and conditions the trial Court may consider fit and proper. Needless to add, the first appellant shall continue to cooperate with the investigating agency.
(Geeta Ahuja) (Vidya Negi)
Assistant Registrar-cum-PS Assistant Registrar
(Signed Order is placed on the file)