Supreme Court - Daily Orders
Praveen Singh @ Praveen Singh Rathore vs State Of U.P. on 1 May, 2017
Bench: A.K. Sikri, Ashok Bhushan
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.828 OF 2017
(@ S.L.P. (Crl.) No.9634 of 2016)
PRAVEEN SINGH @ PRAVEEN SINGH RATHORE APPELLANT (S)
VERSUS
STATE OF U.P. AND ANR. RESPONDENT(S)
O R D E R
Leave granted.
The trial court has granted bail to the appellant subject to the condition that he shall deposit a sum of Rs.50,00,000/-(rupees fifty lakh). This order was challenged before the High Court and vide order dated 11.11.2016 the High Court has disposed of the application without going into the merits of the contentions raised by the appellant herein. The order of the High Court is therefore unsustainable and is set aside. The appeal is allowed and the matter is remanded back to the High Court for fresh consideration.
It would be pertinent to note submitted by Mr.R.Basanth, learned senior counsel appearing for the appellant that the amount involved, as per the charge-sheet, is 2,29,57,000/- (rupees two crore twenty Signature Not Verified nine lakh and fifty seven thousand). He has further Digitally signed by ASHOK RAJ SINGH Date: 2017.05.12 15:08:54 IST pointed out that three accused persons have been granted Reason: bail subject to the condition of deposit of a sum of Rs.50,00,000/- (rupees fifty lakh) that has already been deposited by these persons and thus a sum of 2 Rs.1,50,00,000/- (rupees one crore and fifty lakh) have already been collected in this behalf thereby leaving a balance of Rs.79,00,000/- (rupees seventy nine lakh). He also pointed out that in all there are nine accused persons and therefore remaining amount of Rs.79,00,000/- (rupees seventy nine lakh) can be distributed among these nine persons and that would fully secure the entire amount in question.
Learned counsel for the respondents on the other hand has drawn our attention to the order dated 30.07.2015 of the trial court, the figure mentioned therein is Rs.4,50,00,000/- (rupees four crore and fifty lakh). Be that as it may, we are not inclined to enter into this controversy and leave it to the High Court to take into account the said aspect of the matter while passing the final order.
The parties shall appear before the High Court on 15th May, 2017 on which date the Court may decide as to on what condition the bail is to be granted to the appellant herein.
.....................J. (A.K.SIKRI) .....................J. (ASHOK BHUSHAN) NEW DELHI;
MAY 1, 2017.
3ITEM NO.7 COURT NO.8 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). 9634/2016 (Arising out of impugned final judgment and order dated 11/11/2016 in APP No.34478/2016 passed by the High Court Of Judicature at Allahabad) PRAVEEN SINGH @ PRAVEEN SINGH RATHORE Petitioner(s) VERSUS STATE OF U.P. AND ANR. Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 01/05/2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr.R.Basanth, Sr.Adv. Mr.S.Ritam Khare, Adv. Mr.Rahul Tomar, Adv. Mr.Urvi Kuthiala Malik, Adv.
For Respondent(s) Mr.P.S.Narsimha, ASG Mr.Merusagar Samantaray, Adv. Mr.Mukul Singh, Adv. Ms.Lhingneivah, Adv. Ms.Viddusshi, Adv. Mr.M.K.Maroria, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The criminal appeal is allowed in terms of the signed order.
(Ashok Raj Singh) (Mala Kumari Sharma)
Court Master Court Master
(Signed Order is placed in the file)