Supreme Court - Daily Orders
Manish Solanki @ Bansi vs The State Of Rajasthan on 24 January, 2019
Author: Chief Justice
Bench: Chief Justice, L. Nageswara Rao, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 137 OF 2019
[ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL)
NO.7140/2018]
MANISH SOLANKI @ BANSI ...APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN ...RESPONDENT(S)
ORDER
1. None has appeared on behalf of the respondent State in spite of due service of notice. We have heard the learned counsel for the petitioner.
2. Leave granted.
3. We have perused the First Information Report as well as the charge-sheet filed. The accused appellant is in custody since 27th September, 2017. Further custody of the accused will come in the way of the conduct of the trial that will have to be held against him.
4. Taking into account the totality of the facts of the case and the period of custody suffered by the accused appellant, we are of the Signature Not Verified view that the accused appellant ought to be Digitally signed by VINOD LAKHINA Date: 2019.01.24 17:06:54 IST Reason: 2 released on bail. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with FIR No.216/2017 dated 18th September, 2017 under Section 365, 394, 323, 120-B IPC and Section 3(1)(d), 3(2) (va) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered with Police Station Shastri Nagar, Jodhpur.
5. The learned trial Court is free to impose appropriate condition(s) as it deems fit.
6. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
....................,CJI.
(RANJAN GOGOI) ...................,J.
(L. NAGESWARA RAO) ...................,J.
(SANJIV KHANNA)
NEW DELHI
JANUARY 24, 2019
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ITEM NO.2 COURT NO.1 SECTION II
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). 7140/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18-07-2018 IN SBCRL NO. 546/2018 PASSED BY THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR) MANISH SOLANKI @ BANSI PETITIONER(S) VERSUS THE STATE OF RAJASTHAN RESPONDENT(S) Date : 24-01-2019 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Ms. Surabhi Sanchita, AOR Mr. Mohit Kr. Gupta, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ANAND PRAKASH]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]