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Supreme Court of India

Sandip Pandey@Sandeep Kumar Pandey vs M/S. Shivam Builders And Developers on 24 September, 2018

Equivalent citations: AIRONLINE 2018 SC 310, 2019 (13) SCC 652

Author: Kurian Joseph

Bench: Sanjay Kishan Kaul, Kurian Joseph

                                                              1

                                                                                         NON-REPORTABLE

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPEAL NO(S). 1216 OF 2018
                              [@ SPECIAL LEAVE PETITION (CRL.) NO. 3932 OF 2018]


                         SANDIP PANDEY @ SANDEEP KUMAR PANDEY                       Appellant (s)

                                                          VERSUS

                         M/S. SHIVAM BUILDERS AND DEVELOPERS & ANR.                Respondent(s)


                                                    J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the order dated 23.03.2018 passed by the High Court of Chhattisgarh in MCRCA No. 215 of 2017. The Investigating Officer filed a closure report in FIR No. 50 of 2010 on the file of Police Station Civil Lines, Bilaspur, Chhattisgarh.

3. In view of the objections filed by the defacto complainant, the learned Magistrate has issued process under Section 204 Cr. P.C. The appellant approached the High Court for bail, which has been Signature Not Verified rejected.

Digitally signed by

JAYANT KUMAR ARORA Date: 2018.10.06 12:34:59 IST Reason: 2

4. Though the learned senior counsel has referred to the background of the case in view of the pendency of the case before the learned Magistrate, we do not propose to go into the same. We direct the appellant to surrender before the learned Magistrate within four weeks from today and on such surrender, he shall be released on bail, subject to such conditions as may be imposed by the learned Magistrate.

5. In view of the above, the appeal is allowed.

.......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] New Delhi;

September 24, 2018.