Supreme Court - Daily Orders
Dalip Kumar vs State Of Rajasthan on 17 October, 2016
Bench: S.A. Bobde, Ashok Bhushan
1
ITEM NO.64 COURT NO.10 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(s) for Special Leave to Appeal (Crl.) No.1575/2016
(Arising out of impugned final judgment and order dated 28/01/2016
in SBCRM No.669/2016 passed by the High Court Of Rajasthan At
Jodhpur)
DALIP KUMAR Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(With appln.(s) for exemption from filing O.T. and interim relief and office report) Date : 17/10/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. M.R. Calla, Sr. Adv.
Mr. Uday Gupta, Adv.
Ms. Shivani M. Lal, Adv.
Mr. Hiren Dasan, Adv.
Mr. M.K. Tripathi, Adv.
Mr. Ankit Acharya, Adv.
Mr. Gaurav Dave, Adv.
Mr. Mohan Pandey,Adv.
For Respondent(s) Mr. Ravi Bhushan Singhal, Sr. Adv.
Mr. M.Z. Chadhary, Adv.
Ms. Nilofar Khan, Adv.
Mr. Khushi Mohd., Adv.
Mr. Emamuddin Azmi, Adv.
Mr. S.S. Shamshery, AAG Mr. Amit Sharma, Adv.
Mr. Prateek Yadav, Adv.
Mr. Ankit Raj, Adv.
For Ms. Ruchi Kohli,Adv.Signature Not Verified
Digitally signed by SANJAY KUMAR Date: 2016.10.19 UPON hearing the counsel the Court made the following 12:50:24 IST Reason: O R D E R On an oral prayer, made by the learned counsel for the complainant, let the complainant be impleaded as party respondent. 2 Cause title be amended accordingly. By order dated 08.3.2016, while issuing notice, this Court stayed the arrest of the petitioner.
Having heard learned counsel appearing for the parties and on perusal of the record, we are of the considered opinion that the circumstances of the instant case warrant the confirmation of the aforesaid order.
Mr. Ravi Bhushan Singhal, learned Senior Counsel appearing for the complainant, however, has expressed his apprehension about the petitioner's not joining in the investigation and/or the likelihood of his tampering with the evidence since he is said to be an influential person.
Having regard to the facts and circumstances of the case and in the interests of justice, during the pendency of the trial, we direct that in case the petitioner surrenders or is arrested within four weeks, he will be enlarged on bail on furnishing bail bonds in the sum of Rs.5,00,000/- (Rupees five lakh only) with two sureties of the like amount to the satisfaction of the arresting authority or the court in seisin of the case, subject to the following conditions, in additional to the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure :
(1) He shall report to the police station regularly once in a month.
(2) He shall not contact directly or indirectly to any witnesses.
(3) He shall seek prior permission of the concerned Station House Office, Bhadra, District Hanumangarh, 3 Rajasthan, to enter into district of Hanumangarh.
It goes without saying that the petitioner shall co-operate with the investigation and participate in the trial without misusing the privilege of the bail granted to him.
It is stated that the charge-sheet has not yet been filed by the police.
We make it clear that if the police wishes to arrest the petitioner upon filing of the charge-sheet, they may do so after obtaining permission from the concerned Sessions Court.
With the aforesaid directions, the special leave petitions as also the pending interlocutory application/s, stand disposed of.
(Sanjay Kumar-II) (Indu Pokhriyal)
Court Master Court Master