IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2 OF 2023 (@ Special Leave Petition (Crl.) No. 12159/2022 )
NAVEEN …APPELLANT(S)
VERSUS
STATE OF RAJASTHAN .RESPONDENT(S)
O R D E R
Leave granted.
As per the office report, service of show cause notice is complete on the sole respondent/State of Rajasthan but no one has entered appearance on its behalf.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27-06-2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Criminal Miscellaneous 3 rd Bail Application No. 9204/2022 ,by which the High Court has refused to release the appellant on bail in connection with FIR No.356/2019 registered at police station Thoi, District Sikar for the offences under Sections 363, 366, 376, 376(2)(n) and 376 (3)(h) of the Indian Penal Code (IPC), the appellant/accused has preferred the present appeal.
Contd.. – 2 –
Having heard learned counsel for the appellant/accused and having gone through the deposition of the prosecutrix and the statement recorded under Section 164 Cr.P.C. and the fact that the appellant is reported to be in custody since 11.10.2019, we are of the opinion that a case is made out to release the accused on bail.
In view of the above and for the reasons stated hereinabove, the present appeal is allowed. The impugned judgment and order passed by the High Court is hereby quashed and set aside. The appellant/accused is ordered to be released on bail in connection with the aforesaid FIR on the terms and conditions that may be determined by the learned Trial Court.However, it is observed that the trial shall be decided and disposed of in accordance with law and on its own merits and on the basis of the evidence led and without in any way being influenced by the present order of releasing the appellant on bail.
The present Appeal is allowed accordingly. …..J. [M.R. SHAH] …………….. J. ( C.T. RAVIKUMAR )
New Delhi;
January 02, 2023.
ITEM NO.8 COURT NO.5 SECTION II S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No(s). 12159/2022
(Arising out of impugned final judgment and order dated 27-06-2022 in SBCRLMTBA No. 9204/2022 passed by the High Court of Judicaturefor Rajasthan at Jaipur)
NAVEEN Appellant(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
( IA No.180286/2022-CONDONATION OF DELAY IN FILING and IA No.180287/2022-EXEMPTION FROM FILING O.T. )
Date : 02-01-2023 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE M.R. SHAH
HON’BLE MR. JUSTICE C.T. RAVIKUMAR
For Appellant(s) Mr. Abhinav Shrivastava, Adv.
Ms. Ritu Reniwal, Adv.
Mr. Vishwaram Prajapati, Adv.
Mr. Robin Khokhar, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant/accused is ordered to be released on bail in connection with the FIR in question on the terms and conditions that may be determined by the learned Trial Court in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)