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Raju Khan @ Raja Khan @ Kasmuddin vs The State Of Chhattisgarh on 8 September, 2020

Bench: Uday Umesh Lalit, Vineet Saran, Ajay Rastogi

                                                                                               1

                                     IN THE SUPREME COURT OF INDIA
                                   CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPEAL NO.570 OF 2020
                          (Arising out of SLP (Criminal) No.3205 of 2020)


      RAJU KHAN @ RAJA KHAN @ KASMUDDIN & ORS.                                   …Appellants


                                                        VERSUS

      STATE OF CHHATTISGARH                                                      …Respondent



                                                   O R D E R

Leave granted.

This appeal challenges the judgment and order dated 29.06.2020 passed by the High Court of Chhattisgarh at Bilaspur in MCRC No.1867 of 2020.

Appellants 1 and 3 are in custody since 19.06.2018 and Appellant 2 is in custody since 14.09.2018 in connection with FIR No.117 dated 18.06.2018 registered with Police Station Dhamdha, District Durg, Chhatisgarh, for the offences punishable under Sections 420, 384 read with Section 34 IPC.

Signature Not Verified Notice was issued in the matter on 24.07.2020 Digitally signed by Dr. Mukesh Nasa Date: 2020.09.09 whereafter the learned counsel for the State has entered 17:40:46 IST Reason: appearance.

It is accepted that the main accused, namely, Badshah Khan and Madar Khan have already been released on bail.

Considering the entirety of the matter and especially the period of custody undergone by the appellants, in our view, a case for their release on bail is made out. We order accordingly.

The appellants shall be produced before the Trial Court within three days and shall be released on bail, subject to the satisfaction of the Trial Court. The Trial Court is at liberty to impose such conditions as it may deem appropriate to ensure the presence and participation of the appellants in the pending trial.

The appeal is allowed accordingly.

......................J. [UDAY UMESH LALIT] ......................J. [VINEET SARAN] ......................J. [AJAY RASTOGI] NEW DELHI;

SEPTEMBER 08,2020  3 ITEM NO.15 COURT NO.4 SECTION II-C (HEARING THROUGH VIDEO CONFERENCING) 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.3205/2020 (Arising out of impugned final judgment and order dated 29-06-2020 in MCRC No.1867/2020 passed by the High Court Of Chhatisgarh At Bilaspur) RAJU KHAN @ RAJA KHAN @ KASMUDDIN & ORS. Petitioner(s) VERSUS STATE OF CHHATTISGARH Respondent(s) (FOR ADMISSION AND I.R.; and, IA No.64042/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-09-2020 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Ashutosh Ghade, AOR Mohd. Afroz Athar, Adv.

For Respondent(s) Mr. Sumeer Sodhi, AOR Mr. Hussain Ali, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed, in terms of the Signed Order. Pending applications, if any, also stand disposed of.

     (MUKESH NASA)                        (PRADEEP KUMAR)
     COURT MASTER                         BRANCH OFFICER

(Signed Order is placed on the File)