IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023
(@ SPECIAL LEAVE TO APPEAL (CRL.) NO. 11248 OF 2022)
GURPREET SINGH ….. APPELLANT
VERSUS
THE STATE OF PUNJAB ….. RESPONDENT
O R D E R
Leave granted.
Having considered the arguments raised by the learned counsel for the parties, we do not think that the High Court should have imposed the condition that the appellant should deposit Rs.2,00,000/- before the Area Magistrate in order to be enlarged on anticipatory bail, which amount would then be kept in a fixed deposit receipt and abide by the decision.
The impugned order is, accordingly, partly set aside and the appeal is allowed deleting the condition to deposit Rs.2,00,000/-. We clarify that we have not disturbed the order passed by the High Court granting anticipatory bail to the appellant in FIR No. 73/2021, dated 28.09.2021, registered under Sections 406 and 498-A of the Indian Penal Code, 1860, at Police Station Women Cell,
1 District Patiala, Punjab.
Pending application(s), if any, shall stand disposed of. ……..J.
(SANJIV KHANNA)…….J.
(M.M. SUNDRESH)
NEW DELHI;
JANUARY 13, 2023.ps
2 ITEM NO.7 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). 11248/2022
(Arising out of impugned judgment and order dated 19-07-2022 in CRM-M No. 49664/2021 passed by the High Court Of Punjab & Haryana
At Chandigarh)
GURPREET SINGH PETITIONER(S)
VERSUS
THE STATE OF PUNJAB RESPONDENT(S)
(IA No. 170448/2022 – EXEMPTION FROM FILING O.T.)
Date : 13-01-2023 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. Himanshu Sharma, AOR
Ms. Aditi Sharma, Adv.
Mr. Rohit Jaiswal, Adv.
Mr. Ram Niwas Sharma, Adv.
Mr. Arun Kumar, Adv.
Mr. Prateek Bajaj, Adv.
Mr. Lokesh Solanki, Adv.
Mr. Nitin Sharma, Adv.
For Respondent(s)
Mr. Karan Sharma, AOR
Mr. Rishabh Sharma, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order. The operative portion of the order reads as under: The impugned order is, accordingly, partly set aside and the appeal is allowed deleting the condition to deposit Rs.2,00,000/-. We clarify that we have not disturbed the order passed by the High Court granting anticipatory bail to 3 the appellant in FIR No. 73/2021, dated 28.09.2021, registered under Sections 406 and 498-A of the Indian Penal Code, 1860, at Police Station Women Cell, District Patiala, Punjab.
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