Supreme Court - Daily Orders
Sudhakar Rastogi vs The State Of Uttar Pradesh on 7 September, 2018
Bench: S.A. Bobde, L. Nageswara Rao
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ITEM NO.36 COURT NO.6 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). 3986/2018
(Arising out of impugned final judgment and order dated 06-04-2018 in BN
No.1503/2018 passed by the High Court Of Judicature At Allahabad, Lucknow
Bench)
SUDHAKAR RASTOGI Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(With appln.(s) for exemption from filing O.T.)
Date : 07-09-2018 The matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Mr. Raju Ramachandran, Sr. Adv.
Mr. Shekhar G. Devasa, Adv.
Mr. Vishwanath Chaturvedi, Adv.
Mr. Manish Tiwari, Adv.
Mr. Luv Kumar, Adv.
For M/S. Devasa & Co., AOR
For Respondent(s) Ms. Swarupama Chaturvedi, AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is a former Assistant Passport Officer who has since retired.
By order dated 31.7.2017, the High Court dismissed the application for bail preferred by the petitioner inter alia on the ground that he is holding a sensitive post.
Since the petitioner has retired, the aforesaid reasoning of the High Court ceases to exist now. Also since the charge-sheet has already been filed by the prosecution, there is no statement forthcoming on Signature Not Verified record Digitally signed by SANJAY KUMAR Date: 2018.09.10 that the petitioner’s custody is necessary for further 16:37:35 IST Reason:
investigation.2
Having heard learned counsel appearing for the parties and taken into consideration the facts and circumstances of the case, we consider it appropriate in the interests of justice to direct the release of the petitioner on bail.
Accordingly, during the pendency of the trial, the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.5,00,000/- (Rupees five lakh only) with two sureties of the like amount to the satisfaction of the trial court and subject to following conditions :
(a) That the petitioner shall surrender his passport to the trial court, if he holds one;
(b) That he shall not contact any witnesses or tamper with any evidence.
(c) That he shall reside either in Roorkee (Uttarakhand) or Amroha (Uttar Pradesh) till the conclusion of the trial.
(d) That he shall be allowed to visit Lucknow, Uttar Pradesh, only for the purpose of attending trial and he shall obtain necessary permission from the concerned Police Stations at Roorkee or Amroha for travelling to Lucknow.
The respondent-State is at liberty to approach the trial court in case there is any breach of the aforesaid conditions.
In view of the above, the instant special leave petition is disposed of.
Pending interlocutory applications, if any, shall also stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR