1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023
(arising out of SLP (Crl.) No.10232/2022)
GUNI CHAND @ GADHIA ….. APPELLANT(S)
VERSUS
THE STATE OF PUNJAB ….. RESPONDENT(S)
O R D E R
Leave granted.
It is pointed out that the appellant-Guni Chand @ Gadhia has suffered incarceration for about fifteen months. The name of theappellant-Guni Chand @ Gadhia did not figure in the First Information Report. As per the respondent- The State, the appellant-Guni Chand @ Gadhia appears to be involved in similar offences in the same and nearby districts. Looking at the period of incarceration suffered by the appellant- Guni Chand @ Gadhia and other facts mentioned above, we are inclined to accept the present appeal and set aside the impugned order, with the direction that the appellant-Guni Chand @Gadhia would release on bail on terms and conditions to be fixed by the trial court. In case the appellant-Guni Chand @ Gadhia does not appear before the trial court or is involved in other cases/offense, it will be open to the respondent . The State to file an application for cancellation of bail. If any such application is filed, the same would be considered in accordance with law. We, however, clarify this order granting bail to the 2 appellant-Guni Chand @ Gadhia is only in the First Information Report (FIR) No. 44 dated 16-07-2021 under Section 457/380 of the IPC was registered at Police Station Lakhewali, Distt.-Shri Muktsar Sahib, Punjab, which is the subject matter of the present appeal. Rec ording the aforesaid, the appeal is allowed in the above terms.
Pending application(s), if any, shall stand disposed of……………….J.(SANJIV KHANNA)………………J.
( M.M. SUNDRESH )
NEW DELHI;
JANUARY 19, 2023.
BP3 ITEM NO.6 COURT NO.7 SECTION II-B 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). 10232/2022 (Arising out of impugned final judgment and order dated 10-08-2022 in CRMM No. 3951/2022 passed by the High Court of Punjab & Haryana at Chandigarh)
GUNI CHAND @ GADHIA Petitioner(s)
VERSUS
THE STATE OF PUNJAB Respondent(s)
(IA No. 162643/2022 – EXEMPTION FROM FILING O.T.)
Date : 19-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Mr. Amandeep Singh Jawandha, Adv.
Ms. Anju Kaushik, Adv.
Mr. Bankey Bihari, AOR
For Respondent(s)
Mr. Karan Sharma, AOR
Mr. Rohit Kaliyar, Adv.
Mr. Rishabh Sharma, Adv.
Mr. Mohit Siwach, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
Looking at the period of incarceration suffered by the appellant- Guni Chand @ Gadhia and other facts mentioned above, we are inclined to accept the present appeal and set aside the impugned order, with the direction that the appellant-Guni Chand @ Gadhia would release on bail on terms and conditions to be fixed by the trial court. In case the appellant-Guni Chand @ Gadhia does not 4 appear before the trial court or is involved in other cases/offense, it will be open to the respondent . The State to file an application for cancellation of bail. If any such application is filed, the same would be considered in accordance with law. We, however, clarify this order granting bail to the appellant-Guni Chand @ Gadhia is only in the First Information Report (FIR) No. 44 dated 16-07-2021 under Section 457/380 of the IPC was registered at Police Station Lakhewali, Distt.-Shri Muktsar Sahib, Punjab, which is the subject matter of the present appeal. The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY)
COURT MASTER (SH) (R.S. NARAYANAN)
COURT MASTER (NSH)
(Singed order is placed on the file)