1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 74 OF 2023
(Arising from SLP(Crl.) No(s). 11659/2022)
GUDDA @ DHEERENDRA GURJAR APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH RESPONDENT(S)
O R D E R
Leave granted.
We have heard learned counsel for the parties and have perused the material placed on record. Even though the appellant seems to have surrendered late but, when it is noticed that the prosecutrix, in the earlier round of trial as also in the present round, has not supported the prosecution case, we do not find any justified reason to continue with the detention of the appellant any further. Accordingly, this appeal is allowed and in 13.07.2022, it is provided that the appellant may be released on bail on such terms and conditions as 2 may be imposed by the Trial Court.
Pending applications also stand disposed of……………..,J.
(DINESH MAHESHWARI) ……………..,J.
(HRISHIKESH ROY)
NEW DELHI
JANUARY 10, 2023
3 ITEM NO.20 COURT NO.6 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). 11659/2022
(Arising out of impugned final judgment and order dated 13-07-2022 in MCRC No. 32992/2022 passed by the High Court Of M.p At Gwalior)
GUDDA @ DHEERENDRA GURJAR Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
IA No. 170998/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 170997/2022 – EXEMPTION FROM FILING O.T.)
Date : 10-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DINESH MAHESHWARI
HON’BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Sujeet Kumar, Adv.
Ms. Anupriya Yadav, Adv.
Mr. Ashok Bannidinni, AOR
For Respondent(s) Mr. Gopal Jha, AOR
Mr. Umesh Kumar Yadav, Adv.
Mr. Sanket, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
This appeal is allowed and the appellant is directed to be released on bail in terms of the signed order.
Pending applications also stand disposed of.
(NEETU KHAJURIA)
ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY)
COURT MASTER
(Signed order is placed on the file.)