Supreme Court - Daily Orders
Arun Thakur vs The State Of Chhattisgarh on 15 May, 2023
Bench: Aniruddha Bose, Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2023
(Arising from SLP(Crl.)No(s).11594/2022)
ARUN THAKUR APPELLANT(S)
VERSUS
STATE OF CHHATTISGARH & ORS. RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the appellant and the State. The charges against the appellant involve offences under Sections 10, 13, 17, 38(1)(2), 40 and 22(a) 22(c) of the Unlawful Activities Prevention Act, 1967 read with Sections 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Sections 120B, 201, 149 and 34 of the Indian Penal Code. The complaint against the appellant, for which he was detained on 12.05.2020 is that he was supplying materials to the extreme left wing groups (Naxalites) in Kanker District in the State of Chhattisgarh. The appellant claims to be an independent contractor supplying earth moving machineries for construction activities in that region to the regular contractors. The respondent’s case, as submitted before us, is that they have identified supply of goods by the appellant Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2023.05.15 worth more than Rupees One lakh which were ultimately utilized by 18:36:20 IST Reason:
the members of the maoist groups. In course of hearing, when we enquired from learned counsel for the respondent as regards the 2 nature of the goods, for supply of which he was implicated, we found from the submsision of the respondents’ counsel that prima facie there were no offensive goods. The appellant’s case on the other hand is that what he was supplying were meant for use on a regular basis by the construction workers of that region. His further submission is that the accused to whom he supplied the earth moving machineries has been released on bail, along with several other co-accused persons.
At this stage we do not consider it necessary to examine as to whether the articles involved were being sent for the use of terrorist activities. That would be for the Trial Court to decide on the basis of evidence.
The appellant has undergone three years of imprisonment and in the trial, out of 113 witnesses, only 32 witnesses have been examined. In these circumstances, having regard to the long period of time he has spent in custody and considering the nature of the allegations against him as also the fact that several co-accused persons have been enlarged on bail, we are of the view that the appellant ought to be released on bail. The respondents could not distinguish before us the role ascribed to the appellant with that of other co-accused persons already enlarged on bail on the strength of which they seek continued detention of the appellant.
We, accordingly, set aside the impugned order and direct the Special Court to release the appellant on bail on such conditions the Special Court may consider fit and proper. The terms of bail to be specified by the Trial Court shall be in addition to the conditions which we stipulate hereunder:- 3
(i) The appellant shall not leave the jurisdictions of the Police Stations Siksod and Koyalibeda, District North Bastar Kanker, Chhattisgarh without prior information to the concerned investigating officer and in case he leaves the jurisdiction of these two police stations, his destination with specific address thereof shall also be communicated to the investigating officer. In any event, he shall not leave the State of Chhattisgarh without the leave of the Special Court.
(ii) The appellant, while on bail, shall only use one mobile phone and the mobile number of that phone shall be made available to the investigating officer. This mobile phone shall be kept functional round the clock with the location set up paired with that of the investigating officer so that the appellant’s location is traceable at any given time.
(iii) The appellant shall surrender his passport, if any, to the Special Court and among the sureties, at least one should be his close blood relative, to the satisfaction of Trial Court.
(iv) The appellant shall report to the investigating officer at least twice a week.
(v) While he remains on bail, in the event the appellant is found to be indulging in any incriminating activities it shall be open to the investigating agency to apply for cancellation of his bail before the Special Court only without further reference to this Court.
The appeal stands allowed in the above terms. 4 Pending application(s), if any, shall stand disposed of.
...................J. [ANIRUDDHA BOSE] ...................J. [SUDHANSHU DHULIA] New Delhi;
May 15, 2023.
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ITEM NO.2 COURT NO.8 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). 11594/2022
(Arising out of impugned final judgment and order dated 20-10-2022 in CRLA No. 445/2022 passed by the High Court Of Chhatisgarh At Bilaspur) ARUN THAKUR PETITIONER(S) VERSUS STATE OF CHHATTISGARH & ORS. RESPONDENT(S) (FOR ADMISSION and IA No.185783/2022-EXEMPTION FROM FILING O.T. ) Date : 15-05-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Sameer Shrivastava, AOR Dr. Sangeeta Verma, Adv.
For Respondent(s) Mr. Muhammad Ali Khan, A.A.G. Mr. Omar Hoda, Adv.
Ms. Eesha Bakshi, Adv.
Mr. Uday Bhatia, Adv.
Mr. Kamran Khan, Adv.
Mr. Abishek Jebaraj, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed and appellant is granted bail in terms of the signed order, which is placed on the file. Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR