1 ITEM NO.4 COURT NO.5 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). 1477/2021
(Arising out of impugned final judgment and order dated 15-01-2021 in CRMP No. 1911/2020 passed by the High Court Of Jharkhand At Ranchi)
JAYKANT PATHAK Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ANR. Respondent(s)
IA No. 20045/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 20046/2021 – EXEMPTION FROM FILING O.T.
IA No. 20044/2021 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES
WITH
SLP(Crl) No. 1250/2021 (II-A)
IA No. 19269/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 125680/2021 – EXEMPTION FROM FILING O.T.
IA No. 19270/2021 – EXEMPTION FROM FILING O.T.
IA No. 19268/2021 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES
Date : 23-01-2023 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE AJAY RASTOGI
HON’BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Amarjit Singh Bedi, AOR
Mr. Varun Chandiok, Adv.
Ms. Riya Seth, Adv.
For Respondent(s) Mr. Arunabh Chowdhury, Sr. Adv.
Mr. Vishnu Sharma, Adv.
Mr. Jayant Mohan, AOR
Mr. Gaurav Agrawal, AOR
2 UPON hearing the counsel the Court made the following
O R D E R
The present Special Leave Petitions have been filed by Father- in-Law and husband of the De-facto complainant, who were granted pre-arrest bail by the High Court on certain terms and conditions.
One of the conditions was that they will not interfere with the peaceful enjoyment of the land standing in the name of the informant, apart from other conditions under Section 438(2) of the Code of Criminal Procedure.
After the bail was granted by the High Court on 18.12.2019, it reveals from the record that the De-facto complainant filed an application that both the petitioners have interfered in the peaceful enjoyment of the land belonging to the De-facto complainant/informant and that being the breach by both of them, the bail granted by the High Court may be cancelled.
The High Court, after taking into consideration the material on record and proceeding on the premise that both of them have violated the condition of bail granted to them, cancelled their bail by an order dated 06/15.01.2021, which is the subject matter of challenge in the instant petitions. By an order dated 23.02.2021, while issuing notice, stay wasgranted by this Court. It is informed to this Court that chargesheet has been filed.
After we have heard learned counsel for the parties and taking into consideration the material on record, in our considered view, in the given facts and circumstances, the order passed by the High Court cancelling their bail application does not hold good and
3 deserves to be set aside. Consequently, the order passed by theHigh Court dated 06-15/1/2021 is hereby set aside. Since thechargesheet has been filed, the trial may be concluded expeditiously.
In view of above, the Special Leave Petitions are disposed of.
Pending interlocutory application(s), if any, is/are disposed
of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER