Supreme Court - Daily Orders
Brajesh Kumar @ Brajesh Singh@ Deepak ... vs The State Of Bihar on 10 February, 2020
Bench: D.Y. Chandrachud, Indu Malhotra
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No 257 of 2020
(Arising out of SLP(Crl) No 9018 of 2019)
Brajesh Kumar @ Brajesh Singh @ Deepak Kumar .... Appellant(s)
Versus
State of Bihar ....Respondent(s)
ORDER
1 Leave granted.
2 The appellant has been convicted of offences under Sections 395
and 412 of the Indian Penal Code 18601 and has been sentenced to suffer imprisonment for a term of five years and to a fine of Rs 10,000. The appellant has been in detention for two years and five months. The High Court has declined to suspend the sentence during the pendency of the appeal.
3 Learned counsel appearing on behalf of the appellant submitted that the appeal is unlikely to be heard on an early date by the High Court and having regard to the fact that the appellant has undergone half the sentence, it would be appropriate if he is enlarged on bail. Signature Not Verified Digitally signed by 4 In response to the notice that was issued by this Court on 23 SANJAY KUMAR Date: 2020.02.11 17:07:43 IST Reason: September 2019 and after the order dated 16 December 2019 directing the State to verify the antecedents of the appellant, a counter affidavit has 1 “IPC” 2 been filed. It has been stated that there are two cases which are pending against the appellant, details of which have been tabulated as follows:
“S No Details of cases Status
1. Madhora (Gaura O.P.) Charge-sheet has
Case No.297/18 already been
dated 29.06.2018 for submitted on
offences u/s 25(1-B) 27.08.2018 vide
of the Arms Act charge-sheet
no.508/2018
2 Madhora (Gaura O.P.) Charge-sheet has
case No 298/18 dated already been
29.06.2018 for submitted on
offences u/s 343, 31.08.2018 vide
323,324,353 and 34 charge-sheet
of I.P.C. no.533/2018.
5 We find from the above tabulation that the above two cases
essentially originate from one incident dated 29 June 2018. Having regard to the nature thereof, the appellant should not be denied bail pending the disposal of the appeal.
6 We accordingly allow the present appeal and direct that the appellant be released on bail pending the disposal of the Criminal Appeal (SJ) 4259 of 2018, subject to such terms and conditions, as may be imposed by the Additional Sessions Judge X, Saran at Chapra, District Saran.
…………...…...….......………………........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Indu Malhotra] New Delhi;
February 10, 2020
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ITEM NO.26 COURT NO.8 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).9018/2019
(Arising out of impugned final judgment and order dated 15-04-2019 in CRASJ No. 4259/2018 passed by the High Court of Judicature at Patna) BRAJESH KUMAR @ BRAJESH SINGH@ DEEPAK KUMAR Petitioner(s) VERSUS STATE OF BIHAR Respondent(s) Date : 10-02-2020 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv. Mr. Anand Nandan, Adv.
Mr. Akshat Srivastava, Adv. Mr. Hassan Zubair Waris, Adv. Mr. Rohit Rajershi, Adv.
Ms. Shivangi, Adv.
For Respondent(s) Mr. Keshav Mohan, Adv.
Mr. Rishi K. Awasthi, Adv.
Mr. Prashant Kumar, Adv.
Mr. Piyush Vatsa, Adv.
Mr. Santosh Kumar - I, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
We allow the present appeal and direct that the appellant be released on bail pending the disposal of the Criminal Appeal (SJ) 4259 of 2018, subject to such terms and conditions, as may be imposed by the Additional Sessions Judge X, Saran at Chapra, District Saran.4
Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER