Supreme Court - Daily Orders
Raju Banerjee vs State Of Odisha on 1 April, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2025
(@SLP(CRL.) No. 3076/2025)
RAJU BANERJEE APPELLANT(S)
VERSUS
STATE OF ODISHA RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 06.12.2024 passed by the High Court of Orissa at Cuttack in BLAPL No. 11469 of 2024.
The appellant herein has been booked for the crime registered pursuant to Case being FIR No. 128 of 2023 dated 04.05.2023 corresponding to G.R. Case No. 388 of 2023 pending in the Court of learned SDJM, Koraput, lodged with Police Station Koraput Town, District Koraput, with respect to offences punishable under Sections 420 and 34 of the Indian Penal Code, 1860 (for short “IPC”).
Signature Not Verified
An application seeking regular bail has been Digitally signed by RADHA SHARMA Date: 2025.04.01 17:13:22 IST Reason: conditionally allowed by the High Court vide impugned 1 order dated 06.12.2024, the appellant has preferred the instant appeal.
By order dated 03.03.2025, this Court issued notice to the respondent.
Heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.
Learned counsel for the appellant submitted that the FIR lodged against the appellant herein is frivolous and vexatious; that there may be civil dispute between the parties but on account of the offences alleged against the appellant herein he is been in jail for the last six months since 14.09.2024; that the High Court was not right in granting conditional bail subject to the appellant furnishing cash security of Rs.10,00,000/-, Rs.5,00,000/- prior to release and Rs.5,00,000/- within a month from the date of release and on failure to deposit the balance Rs.5,00,000/-, the order granting bail would stand automatically vacated.
Learned counsel for the appellant submitted that such a condition amounts to harassment to the appellant herein and would imply that there is no real 2 relief granted to him. Hence, the condition imposed may be set aside and the appellant may be granted the relief of bail.
Per contra, learned counsel for the respondent- State supported the impugned order and contended that there is no merit in this appeal.
Considering the facts on record, in our view, the case for bail is made out by setting aside the impugned order.
We, therefore, allow this appeal and direct as under:
“The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of Case No. 128 of 2023 dated 04.05.2023 mentioned above.” It is directed that the appellant shall extend complete cooperation in the ensuing trial. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
3 Any infraction of the conditions shall entail cancellation of bail granted to the appellant. With the aforesaid directions, the Criminal Appeal is allowed.
………………………………………………………………..,J.
(B.V. NAGARATHNA) ………………………………………………………………..,J. (SATISH CHANDRA SHARMA) NEW DELHI;
APRIL 01, 2025
4
ITEM NO.4 COURT NO.7 SECTION II-B
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). 3076/2025 [Arising out of impugned final judgment and order dated 06-12-2024 in BLAPL No. 11469/2024 passed by the High Court of Orissa at Cuttack] RAJU BANERJEE Petitioner(s) VERSUS STATE OF ODISHA Respondent(s) (FOR ADMISSION) Date : 01-04-2025 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Kiran Kumar Patra, AOR Mr. Sunil Mund, Adv.
Mr. Preetish Sahu, Adv.
For Respondent(s) Mr. Subhasish Mohanty, AOR Mr. Mata Prasad Singh, Adv. Mr. Dinesh Bahadur Singh, Adv. Mrs. Ranjita Sahu, Adv.
Mr. Ankit Bhatnagar, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Criminal Appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file) 5