Supreme Court - Daily Orders
Ram Pukar Bhagat vs The State Of Bihar on 25 November, 2019
Bench: Arun Mishra, Surya Kant
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1755 OF 2019
[@ SPECIAL LEAVE PETITION (CRL.) NO. 6793 OF 2019]
RAM PUKAR BHAGAT Appellant (s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
O R D E R
Heard the learned counsel for the parties. Leave granted.
There were following five cases pending against Respondent No. 2 :-
1. Bela P.S.Case No. 32/2017 u/s 341/323/353/504/34 IPC.
2. Mithanpura P.S.Case No. 115/2017 u/s 290, 34 IPC and 30(a) Bihar Excise Act.
3. Budha Colony P.S. Case No. 124/2010 u/s 347, 420, 467, 468, 471, 472, 323, 504, 364(A) IPC.
4. Mithapur Thana Case No. 92/98 u/s 399, 402, 307, 353, 332 r/w Section 27 of Arms Act.
5. Mithapur Case No. 93/98 dated 15.06.98 u/s 25(1-
B), 26, 35 of Arms Act.
In the bail application which was filed before Signature Not Verified the High Court, only the first three cases were Digitally signed by JAYANT KUMAR ARORA Date: 2019.11.27 16:52:31 IST Reason: disclosed and not the latter two. It appears that there was suppression of facts before the High Court. It was contended by the learned senior counsel 2 appearing for Respondent No. 2 that there was no suppression. The Parokar was not aware of the other two cases.
Be that as it may, as the cases were not truthfully disclosed before the High Court, we set aside the order dated 08.02.2019 passed by the High Court and request the High Court to decide the bail application afresh and the complainant may also be heard in the matter. We request the Chief Justice of the High Court to assign the case to an appropriate Bench.
The impugned order is thus set aside and the appeal is allowed.
Pending interlocutory application(s), if any, is/are disposed of.
.......................J. [ ARUN MISHRA ] .......................J. [ SURYA KANT ] New Delhi;
NOVEMBER 25, 2019.
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ITEM NO.35 COURT NO.3 SECTION II-A
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). 6793/2019
(Arising out of impugned final judgment and order dated 08-02-2019 in CRLM No. 3386/2019 passed by the High Court Of Judicature At Patna) RAM PUKAR BHAGAT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 104119/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 104118/2019 - EXEMPTION FROM FILING O.T., IA No. 106230/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 25-11-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Adarsh Priyadarshi, Adv.
Mr. Abhijeet Sinha, AOR For Respondent(s) Mrs. Anjana Prakash Desai, Sr. Adv.
Mr. Anuj Prakaash, Adv.
Mr. Panshul Chandra, Adv.
Ms. Aditi Kumar, Adv.
Mr. Aditya Shankar, Adv.
Mr. Kumar Mihir, AOR Mr. Saket Singh, Adv.
Ms. Sangeeta Singh, Adv.
Ms. Somyashree, Adv.
Mrs. Niranjana Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. 4 Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER (Signed order is placed on the file)