Supreme Court - Daily Orders
State Of Rajasthan vs Aslam Sher Khan @ Chintu on 4 December, 2020
Bench: A.M. Khanwilkar, S. Ravindra Bhat
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISC. APPLICATION NO. 2197 OF 2020
IN
CRIMINAL APPEAL NO. 561 OF 2014
CHINTU @ ASLAM SHER KAHN Non-Applicant(s)/
Appellant(s)
VERSUS
STATE OF RAJASTHAN Applicant(s)
Respondent(s)
O R D E R
MA NO. 2197 OF 2020 in Crl. A. No. 561 OF 2014 The non-applicant/appellant (Aslam Sher Khan @ Chintu) was named as accused in FIR No. 477 of 2005 in which he has been convicted for offence punishable under sections 302/34 of Indian Penal and Code by the Trial Court and the appeal against that decision is pending before the High Court being Criminal Appeal No. 594 of 2009.
During the pendency of appeal, the non- applicant/appellant had moved for suspension of sentence Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2020.12.05 which prayer was rejected by the High Court but this 14:05:19 IST Reason:
court showed indulgence to the non-applicant/appellant by 2 releasing him on bail in terms of order dated 07.03.2014 passed in Crl. Appeal No. 561 of 2014. That bail order would enure until disposal of criminal appeal (Crl. Appeal No. 594 of 2009) pending before the High Court.
In other words, the non-applicant/appellant is ordered to be released on bail in connection with the stated offence by this court which obviously is on condition amongst others not to indulge in any other criminal activity while on bail.
Despite that condition, the non-applicant/appellant has allegedly committed offence under Sections 147,148,149,427,327 and 307 of Indian Penal Code and Sections 3 and 25 of the Arms Act for which FIR No. 493 of 2018 registered at PS Nayapura, District Kota, Rajasthan in which the High Court has granted him bail on 30.06.2020.
It is submitted by the learned counsel for the State that the accused-non-applicant/appellant is also involved in other offences for which FIR No. 228 of 2020 under Sections 341, 365, 384 and 387 of Indian Penal Code and Section 3 of SC/ST Act and FIR No. 164 of 2019 under Sections 384, 341 and 195A of Indian Penal Code and Section 3 of SC/ST Act are registered at PS Gumanpura 3 Kota, Rajasthan.
It is noted that the non-applicant has been released on bail by the High Court in connection with FIR No. 493 of 2018 vide order dated 30.6.2020 in Criminal Appeal (SB) No. 786 of 2020, against which the State has filed special lave petition being SLP(Crl.) No. 4857 of 2020 and is being heard alongwith this application.
It is open to us to set aside the order dated 30.6.2020 of the High Court referred to above and ask the non-applicant/appellant to surrender in connection with FIR No. 493 of 2018 and other FIRs registered against him while on bail.
However, in our opinion, it is appropriate that in the first place the bail granted by this court on 07.03.2014 in criminal appeal No. 561 of 2014 itself be revisited in view of alleged involvement of the non- applicant in new offences while on bail, for which we permit the applicant-State to file appropriate application before the High Court for cancellation of bail in the pending Criminal Appeal No. 594 of 2009. That application be filed within one week from today.
We request the High Court to dispose of the same expeditiously and preferably within two weeks from the 4 date of filing thereof in view of the urgency pointed out by the State.
We will take up Special Leave Petition (Crl.) No. 4857 of 2020 arising out of or order dated 30.06.2020 passed by the High Court in Criminal Appeal (SB) No. 786 of 2020.
List the Special Leave Petition on 08.01.2021. The misc. application is disposed of accordingly.
…...................J (A.M. KHANWILKAR) …...................J (S. RAVINDRA BHAT) New Delhi December 04, 2020 5 ITEM NO.16+32 Court 5 (Video Conferencing) 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). 4857/2020 (Arising out of impugned final judgment and order dated 30-06-2020 in SBCRA(SB) No. 786/2020 passed by the High Court Of Judicature For Rajasthan At Jaipur) STATE OF RAJASTHAN Petitioner(s) VERSUS ASLAM SHER KHAN @ CHINTU Respondent(s) (FOR ADMISSION and I.R. and IA No.102114/2020-EXEMPTION FROM FILING O.T. ) WITH MA NO. 2197 OF 2020 IN CRL. A. NO. 561 OF 2014 (FOR ADMISSION and IA No.122699/2020-EXEMPTION FROM FILING O.T. and IA No.122697/2020-RECALLING THE COURTS ORDER Date : 04-12-2020 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s)/ Applicant(s) Dr. Manish Singhvi, Sr. Adv.
Mr. D. K. Devesh, AOR Mr. Apurv Singhvi, Adv.
Mr. Piyush Upadhayayt, Adv.
For Respondent(s)/ Mr. Varinder Kumar Sharma, AOR (NP) Non-Applicant(s) UPON hearing the counsel the Court made the following O R D E R MA NO. 2197 OF 2020 Miscellaneous application is disposed of in terms of the signed order.6
SLP(Crl.) No(s). 4857/2020
List the matter on 8th January, 2021.
(NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER
(Signed order in M.A. No.2197/2020 is placed on file)