Supreme Court - Daily Orders
Banne Singh @ Banya vs The State Of Rajasthan on 3 September, 2019
Bench: Deepak Gupta, Aniruddha Bose
ITEM NO.18 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL)..... Diary No(s).28942/2019
(Arising out of impugned final judgment and order dated 19-09-2018
in SBCRLMSB No.9924/2018 passed by the High Court Of Judicature For
Rajasthan At Jaipur)
BANNE SINGH @ BANYA Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(FOR ADMISSION and I.R. and IA No.128822/2019-CONDONATION OF DELAY
IN FILING and IA No.128823/2019-EXEMPTION FROM FILING O.T.)
Date : 03-09-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner(s)
Mr. Ajit Kumar Thakur, Adv.
Ms. Kalpana Thakur, Adv.
Mr. Bankey Bihari Sharma, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
This petition has been filed only on the ground that the second bail application is not maintainable. The High Court lost sight of the fact that in the previous order dated 10.05.2018, passed by the same judge, it had been clearly mentioned that the Signature Not Verified petitioner would be at liberty to approach again for grant of bail Digitally signed by ARJUN BISHT Date: 2019.09.03 17:27:52 IST after Reason: examination of the material witnesses. The High Court 1 overlooked this fact while dismissing the second bail application without going into the merits.
Therefore, we remit the matter to the High Court to decide the bail application on merits after hearing the parties. The special leave petition is disposed of accordingly. Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (NISHA TRIPATHI)
COURT MASTER (SH) BRANCH OFFICER
2