IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023
(@ SPECIAL LEAVE TO APPEAL (CRL.) NO. 10398/2022 )
GEETA ….. APPELLANT
VERSUS
THE STATE OF UTTAR PRADESH AND OTHERS ….. RESPONDENTS
O R D E R
Leave granted.
Having considered the facts of the case, including the charge- sheet filed by the police, we are of the opinion that the appellant-Geeta should have been given the benefit of anticipatory bail, pursuant to summoning order passed in exercise of power under Section 319 of the Code of Criminal Procedure, 1973 1 . Accordingly, we direct that in the event of the appellant- Geeta being arrested, she shall be released on bail by the arresting officer/the trial court, on furnishing bail bond on terms and conditions to be fixed by the trial court. The appellant in addition, shall comply with the mandate of sub-section (2) of the Section 438 of the Code. We clarify that we have not interfered with the summoning order passed under Section 319 of the Code. We further clarify that 1 For short, Code. 1 the observations made in this order are for disposal of the present appeal and will not influence the trial. The trial court will independently examine the case on merits. The appeal is partly allowed and disposed of in the above terms.
Pending application(s), if any, shall stand disposed of. ……..J. (SANJIV KHANNA)
………J.(M.M. SUNDRESH)
NEW DELHI;
JANUARY 06, 2023.ps
2ITEM NO.38 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
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10398/2022
(Arising out of impugned final judgment and order dated 14-10-2022 in CRLR No. 3096/2022 passed by the High Court of Judicature at Allahabad)
GEETA PETITIONER(S)
VERSUS
THE STATE OF UTTAR PRADESH AND OTHERS RESPONDENT(S)
(IA No. 166066/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 166067/2022 – EXEMPTION FROM FILING O.T., IA No. 173828/2022 – EXEMPTION FROM FILING O.T., IA No. 169041/2022 – EXEMPTION FROM FILING O.T., IA No. 169040/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 173827/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 06-01-2023 This matter was alled on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. Siddharth Dave, Sr. Adv.
Mr. Kartik Jasra, Adv.
Ms. Vidhi Thakkar, Adv.
Ms. Aakriti Priya, Adv.
Mr. Balaji Srinivasan, AOR
For Respondent(s) Mr. Vinod Diwakar, A.A.G.
Mr. Sarvesh Singh Baghel, AOR
Mr. B.N.Dubey Adv, Adv.
Mr. Nishant Ramakantrao Katneshwarkar, AOR
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
The appeal is partly allowed and disposed of in terms of the Siged order. The operative portion of the order reads as under:
Accordingly, we direct that in the event of the appellant-Geeta being arrested, she shall be 3 released on bail by the arresting officer/the trial court, on furnishing bail bond on terms and conditions to be fixed by the trial court. The appellant in addition, shall comply with the mandate of sub-section (2) of the Section 438 of the Code.We clarify that we have not interfered with the summoning order passed under Section 319 of the Code. We further clarify that the observations made in this order are for disposal of the present appeal and will not influence the trial. The trial court will independently examine the case on merits. The appeal is partly allowed and disposed of in the above terms.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA)
COURT MASTER (SH) (R.S. NARAYANAN)
COURT MASTER (NSH)
(Signed order is placed on the file.)4