IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.253 OF 2023
(Arising out of SLP(Criminal) No. 12019 of 2022 )
KULDEEP APPELLANT
VERSUS
STATE OF MADHYA PRADESH RESPONDENT
O R D E R
Leave granted.
The appellant herein is facing trial for offences under Sections 409, 420 and 34 of the Indian Penal Code on the accusations of tampering with chana purchase receipts from farmers while functioning as Data Entry
Operator in a Cooperative Society that was entrusted with task of purchase of food-grains from agriculturists at minimum support price. After filing of the charge- sheet, the trial is said to be under way in which, until now, as many as 8 witnesses have been examined and, in all 33 witnesses are to be examined. The appellant is said to be in custody since 06.04.2022.
The bail applications moved by the appellant before the High Court were rejected essentially with reference to the nature of accusations, where the appellant was said to be responsible for generating the bills in question.
The bail application has been opposed on behalf of 1 the respondent-State, but taking the totality of facts and circumstances into account, in our view, no useful purpose would be served by continued detention of the appellant for the purpose of facing the trial.
Therefore, this appeal is allowed in the manner that in modification of the impugned order dated 01.11.2022, the appellant is ordered to be released on bail on such terms and conditions as may be imposed by
the Trial Court.
All pending applications stand disposed of. ……………….J.
(DINESH MAHESHWARI) ……………….J.
(HRISHIKESH ROY)
New Delhi;
January 30, 2023
2 ITEM NO.13 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).12019/2022
(Arising out of impugned final judgment and order dated 01-11-2022 in MCRC No.50121/2022 passed by the High Court Of M.P At Indore)
KULDEEP Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
(IA No.193080/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.193082/2022 – EXEMPTION FROM FILING O.T.)
Date : 30-01-2023 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. N.K. Mody, Sr. Adv.
Mr. Prabuddha Singh Gaur, Adv.
Mr. Vikas Rathi, Adv.
Mr. Akash Rathi, Adv.
Ms. Ishita M. Puranik, Adv.
Mr. Mitesh Patidar, Adv.
Mr. Sukhamrit Singh, Adv.
Mr. Suresh Kumar Bhan, Adv.
Mr. Aman Malik , AOR
For Respondent(s) Mr. Abhay Prakash Sahay, A.A.G.
Mr. Yashraj Singh Bundela, Adv.
Mr. Pashupathi Nath Razdan, AOR
Mr. Mukul Dubey, Adv.
Mr. Kuldeep Kumar Shukla, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is released on bail in terms of the signed order.
All pending applications stand disposed of.
(ARJUN BISHT) (RENU BALA GAMBHIR)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)
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