Supreme Court - Daily Orders
Sanjay Bhatia vs State (N.C.T. Of Delhi) on 28 April, 2014
¶& IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 970 OF 2014
(arising out of SLP (Crl.) No. 3111 of 2014)
SANJAY BHATIA APPELLANT
VERSUS
STATE (N.C.T. OF DELHI) RESPONDENT
WITH
PETITION FOR SPECIAL LEAVE TO APPEAL (CRL)NO.3155 OF 2014
O R D E R
Leave granted.
The appellant has challenged part of the impugned order dated 31st January,2014 passed by the High Court of Delhi at New Delhi in Crl. M.C. No. 523 of 2014. By the impugned order, the High Court refused to interfere with onerous part of the conditional bail order dated 15th January, 2014 passed by the Trial Court in connection with FIR No. 385/2013 under Sections 420/406/120-B, IPC, Police Station Kirti Nagar, Delhi. By the said order, the Trial Court had directed to enlarge the appellant on bail subject to deposit of an FDR for a sum of Rs.1,34,000,00/- (Rupees One Crore Thirty Four lakhs only).
Before the High Court, the appellant challenged the part of the order and submitted that the charge-sheet has not been filed within the statutory period, therefore, the appellant should also be granted opportunity for bail under Section 167 (2) of Cr.P.C.
We have heard the learned counsel for the parties. Taking into consideration the facts and circumstances of case, we are of the opinion that the Trial Court was not 1 justified in putting onerous condition of depositing an FDR of Rs.1,34,000,00/- (Rupees One Crore Thirty Four lakhs only) for granting bail in favour of the appellant, therefore, part of the onerous condition of Rs.1,34,000,00/- (Rupees One Crore Thirty Four lakhs only) passed by the Trial Court as affirmed by the High Court is set aside subject to other conditions imposed.
we direct to enlarge the appellant-Sanjay Bhatia on bail subject to other condition as has been imposed by the Trial Court and on his furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand only) with two solvent sureties for the like amount to the satisfaction of the Trial Court.
The Appeal is allowed.
SLP (Crl.) No. 3155/2014In view of order passed in Criminal Appeal No.970 of 2014 arising out of SLP (Crl.) No. 3111 of 2014, no further order is passed.
The special leave petition stands disposed of.
............................J. (SUDHANSU JYOTI MUKHOPADHAYA) ...........................J. (RANJAN GOGOI) NEW DELHI;
APRIL 28, 2014
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ITEM NO.67 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(s).3111/2014 (From the judgement and order dated 31/01/2014 in CRLMC No.523/2014 of The HIGH COURT OF DELHI AT N. DELHI) SANJAY BHATIA Petitioner(s) VERSUS STATE (N.C.T. OF DELHI) Respondent(s) (With appln(s) for permission to bring additional facts and documents on record and bail and office report) WITH SLP(Crl) NO. 3155 of 2014 (With appln. for bail and office report) Date: 28/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON’BLE MR. JUSTICE RANJAN GOGOI For Petitioner(s) Ms. Geeta Luthra, Sr. Adv.
Mr. Vijay Aggarwal, Adv.
Mr.Gaurav Goel,Adv.
Mr. Anshul Gupta, Adv.
Mr. Aditya Singh Paur, Adv. Mr. Dheeraj Gupta, Adv.
For Respondent(s) Mr. R.K. Dey, Adv.
Mr. R.K. Rathore, Adv.
Mr. S.S. Rawat, Adv.
Mr. D.S. Mahra, Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted in SLP (Crl.) No.3111/2014. The appeal is allowed and special leave petition No.3155/2014 stands disposed of in terms of the Signed Order.
[RAJNI MUKHI] [USHA SHARMA]
SR. P.A. COURT MASTER
(Signed Order is placed on the file) 3