Supreme Court - Daily Orders
Sunil Kumar Panda vs The State Of Chhattisgarh on 2 April, 2018
Bench: Kurian Joseph, Navin Sinha
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 480/2018
(ARISING FROM SLP (CRL) NO.650/2018)
SUNIL KUMAR PANDA APPELLANT(S)
VERSUS
STATE OF CHHATTISGARH RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. 481/2018
(ARISING FROM SLP (CRL) NO. 748/2018
SUNIL KUMAR PANDA APPELLANT(S)
VERSUS
STATE OF CHHATTISGARH RESPONDENT(S)
O R D E R
Leave granted.
2. The appellant has been arrested by the police of Police Station Chirmiri, Distt. Koriya, Chhattisgarh on 22.07.2017 in connection with Crime No.79/2016 for alleged offence u/s. 420/34 IPC and Sections 4 and 5 Signature Not Verified of the Prize Chits and Money Circulation Schemes Digitally signed by MAHABIR SINGH Date: 2018.04.04 18:01:41 IST Reason: (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 1 2005. We are informed that the investigation has been completed in both the cases and the police has filed its final report.
3. Learned counsel appearing for the State, points out that the appellant is from State of Odisha and he has already been convicted in another case and is serving the term of sentence. Learned counsel further submits that in case the appellant is released on bail, the co-accused will also seek their release, on parity.
4. As far as the appellant is concerned, he has been in custody since July, 2017 and the investigation has already been completed.
5. Having regard to the entire facts and circumstances of the cases, we are of the view that it is only just and proper that the appellant is released on bail, in both these cases, pending trial.
6. Therefore, these appeals are allowed, releasing the appellant on bail, in connection with FIRs bearing Crime No.79/2016 registered at P.S. Chirmiri, Distt. Koriya, Chhatisgarh and Crime No.336/2016 registered at P.S. Manendragarh, Distt. Koriya, Chhatatisgarh, subject to such conditions as may be imposed by the Trial Court.
7. The appeals are allowed, as above. 2
8. Pending applications, if any, shall stand disposed of.
.......................J. [KURIAN JOSEPH] .......................J. [NAVIN SINHA] NEW DELHI;
APRIL 02, 2018
3
ITEM NO.37 COURT NO.4 SECTION II-C
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). 650/2018
(Arising out of impugned final judgment and order dated 28-11-2017 in MCRC No. 6806/2017 passed by the High Court Of Chhatisgarh At Bilaspur) SUNIL KUMAR PANDA PETITIONER(S) VERSUS STATE OF CHHATTISGARH RESPONDENT(S) (FOR ADMISSION and I.R.) WITH SLP(Crl) No. 748/2018 (II-C) (FOR EXEMPTION FROM FILING ORIGINAL OF CUSTODY CERTIFICATE ON IA 11516/2018) Date : 02-04-2018 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Suresh Chandra Tripathy, AOR Mr. A. Deb Kumar,Adv.
Mrs. A. Deepa,Adv.
Mr. Sudhakar Dwivedi,Adv. Mr. Kulbhushan Arora,Adv. Mr. Pankaj Kumar Singh,Adv.
For Respondent(s) Mr. Atul Jha,Adv.
Mr. Sandeep Jha,Adv.
Mr. Dharmendra Kumar Sinha,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file) 4