IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.32-33/2023 (Arising out of SLP(Crl.)Nos.326-327/2022)
GAURAV KUMAR & ANR. Appellant(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
O R D E R
Leave granted.
It is not disputed that the investigation is complete and charge sheet has been filed. Twenty people were originally named in the FIR over an inter se dispute and charge sheet has been filed against fourteen people. There were four injuries on the deceased. Insofar as the appellants are concerned they were 19 & 18 years old at the time of the incident. We had granted anticipatory bail on 02.2.2022 recording the reasons for the same. It now transpires that apparently at some stage the appellants were declared as proclaimed offenders and petition 1 to quash the same is pending before the Patna High Court for the last four months but has still not seen the light of the day. Conscious as we are that there may be impediment on the issue of anticipatory bail in view of their being declared proclaimed offenders, the fact is that the investigation being completed and charge sheet being filed, no purpose would be served now by taking the appellants into custody. We are thus of the view that the following order would meet the ends of
justice:-
(i) The order dated 24.02.2021 passed by the Court of C.J.M. Vaishali (Hajipur) declaring the appellants as proclaimed offenders is quashed and consequently the petition pending before the High Court No . Crl.Misc. No.4089 3/2022 stands disposed of.
(ii) The appellants will join the proceedings before the trial Court and in case any further investigation is required they will cooperate with the same.
(ii) It is open to the appellants to take whatever defences are available in law.
(iv) There is no need for arrest of the appellants in view of the aforesaid.
2The criminal appeals stand disposed of.….J.
(SANJAY KISHAN KAUL)……J.
(ABHAY S. OKA)
NEW DELHI
05 th
January, 2023
3 ITEM NO.6 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.) Nos.326-327/2022
(Arising out of impugned final judgment and order dated 24-03-2021 in CRL.MISC. No. 12042/2021 and final order dated 08-12-2021 in CRL. MISC. No. 47124/2021 passed by the High Court Of Judicature At Patna)
GAURAV KUMAR & ANR. Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
( IA No. 27701/2022 – EXEMPTION FROM FILING O.T.)
Date : 05-01-2023 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
HON’BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Gaurav Agrawal, AOR
For Respondent(s) Mr. Devashish Bharuka, AOR
Ms. Sarvshree, Adv.
Mr. Abhijeet Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The criminal appeals stand disposed of in terms of the signed order.
Pending application(s) stand disposed of.
(RASHMI DHYANI PANT) (POONAM VAID)
COURT MASTER COURT MASTER
(signed order is placed on the file) 4