1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. OF 2023
(arising out of SLP (Crl.) Nos. 9881 of 2022) MANISH MISHRA ….. APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND & ANR. ….. RESPONDENT(S)
O R D E R
Leave granted.
The appellant – Manish Mishra is seeking anticipatory bail in the First Information Report (FIR) No. 156 of 2016 under Sections 406, 420, 467, 468, 469, 471 and 34 of the Indian Penal Code, 1860, registered at Police Station Bokaro Steel city, Jharkhand.
During the course of hearing, learned counsel for the appellant, on instructions, states that the appellant Manish Mishra would deposit Rs. 4,10,000/- (Four Lakh Ten Thousands Only) in the trial court, which may be converted into a Fixed Deposit Receipt (FDR), and which would abide by the decision of the trial court. Earlier, the order granting anticipatory bail had directed that the appellant Manish Mishra shall pay this amount by bank drafts to Viku Nand, Ram Chandra Das and Kailash Prasad.
In view of the statement made, we are inclined to accept the present appeal and direct that in the event of the appellant Manish Mishra being arrested, he shall be released on anticipatory bail by the arresting officer/trial court on terms and conditions mentioned in the order dated 11.03.2019, subject to one 2 modification that the amount of Rs. 4,10,000/- (Four Lakh Ten Thousands Only) need not to be paid to Viku Nand, Ram Chandra Das and Kailash Prasad. The amount would be deposited in the trial court and would abide by the judgment of the trial court. The said deposit would be made within a period of one month from today and thereupon converted into an interest bearing FDR, which shall be renewed from time to time.
We clarify that this order granting bail will not be construed as an order expressing opinions on the merits of the case.
The appeal is allowed in the aforesaid terms.
Pending application(s), if any, shall stand disposed of. ………………J.
(SANJIV KHANNA) ………………J.
(M.M. SUNDRESH)
NEW DELHI;
JANUARY 18, 2023.
3 ITEM NO.12 COURT NO.7 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). 9881/2022
(Arising out of impugned final judgment and order dated 28-08-2020 in CRMP No. 3828/2019 passed by the High Court of Jharkhand at Ranchi)
MANISH MISHRA Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ANR. Respondent(s)
(IA No. 140249/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 140250/2022 – EXEMPTION FROM FILING O.T.)
Date : 18-01-2023 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. Atul Kumar, AOR
Mrs. Archana Kumari, Adv.
Mr. Rahul Pandey, Adv.
Mr. Rajiv Ranjan, Adv.
For Respondent(s)
Mr. Vishnu Sharma, Adv.
Ms. Madhusmita Bora, AOR
Mr. Dipankar Singh, Adv.
Mrs. Anupama Sharma, Adv.
Mr. Saroj Kumar Padhy, Adv.
Ms. Pavithra V, Adv.
Mr. Bir Inder Singh Gurm, Adv.
Mr. Manish Kumar, Adv.
Ms. Anum Hussain, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
4 Leave granted.
W e are inclined to accept the present appeal and direct that in the event of the appellant Manish Mishra being arrested, he shall be released on anticipatory bail by the arresting officer/trial court on terms and conditions mentioned in the order dated 11.03.2019, subject to one modification that the amount of Rs. 4,10,000/- (Four Lakh Ten Thousands Only) need not to be paid to Viku Nand, Ram Chandra Das and Kailash Prasad. The amount would be deposited in the trial court and would abide by the judgment of the trial court. The said deposit would be made within a period of one month from today and thereupon converted into an interest bearing FDR, which shall be renewed from time to time.
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)