1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.188 OF 2023
(Arising out of SLP(Crl.)No.7157 of 2021)
NAND KISHORE GUPTA @ NAND KISHORE SAH APPELLANT
Versus
THE STATE OF JHARKHAND & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. The appellant was granted anticipatory bail by the High Court on 19.02.2019, in a case under Sections 461, 379, 427 and 34 IPC, registered vide FIR No.279 of 2018, dated 16.11.2018, at Police Station Dumka Town. It appears that one of the conditions imposed upon the appellant was that he will not visit the disputed site(shop).
3. The anticipatory bail was, later on, cancelled by the High Court vide impugned order dated 04.12.2020 on the ground that the appellant has violated the above-stated condition imposed upon him while granting anticipatory bail.
4. The aggrieved appellant has approached this Court by way of the instant appeal. On 24.09.2021, while issuing notice, this Court granted interim protection against arrest to the appellant herein.
5. We have heard learned counsel for the parties and carefully perused the record. 2
6. In our considered view, no case to cancel the anticipatory bail granted to the appellant by the High Court was made out. Therefore, the impugned order dated 04.12.2020, passed by the High Court of Jharkhand at Ranchi, cannot sustain. The same is hereby set aside and the pre-arrest bail granted to the appellanty the High Court vide order dated 19.02.2019 is restored, subject to the condition that the appellant shall join and cooperate with the ongoing investigation, if the same is still going on.
7. The appeal stands allowed in the above terms.
8. As a result, pending interlocutory applications stand
disposed of. …………………….J. ( SURYA KANT )…………………..J.
(J.K. MAHESHWARI)
NEW DELHI;
JANUARY 19, 2023.
3 ITEM NO.3 COURT NO.9 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).7157/2021 (Arising out of impugned final judgment and order dated 04-12-2020 in CRMP No.797/2020 passed by the High Court of Jharkhand at Ranchi)
NAND KISHORE GUPTA @ NAND KISHORE SAH Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ORS. Respondent(s)
IA No.119115/2021 – EXEMPTION FROM FILING O.T.
IA No.5627/2022 – EXEMPTION FROM FILING O.T.
IA No.119117/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 19-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mr. Kaushik Laik, AOR
Mr. Ashay Kaushik, Adv.
For Respondent(s) Mr. Arunabh Chowdhury, Sr. Adv.
Mr. Ps Sudheer, Adv.
Ms. Pallavi Langar, AOR
Mr. Abhishek Roy, Adv.
Mr. Jitendra Mohapatra, Adv.
Mr. Ajay Yadav, Adv.
Ms. Jasleen Kaur Shawney, Adv.
Mr. Kedar Nath Tripathy, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands allowed in terms of the signed order. As a result, pending interlocutory applications stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)
(Signed order is placed on the file)