Supreme Court - Daily Orders
Rahul Gaur vs State Of Nct Of Delhi on 11 August, 2023
Bench: Aniruddha Bose, Bela M. Trivedi
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2398 OF 2023
(Arising out of SLP(Crl.) No. 7423/2023)
RAHUL GAUR APPELLANT(S)
VERSUS
STATE OF NCT OF DELHI RESPONDENT(S)
ORDER
Leave granted.
Heard Mr. Sibal, learned senior counsel for the appellant and Mr. Nataraj, learned Additional Solicitor General for the respondent.
The appellant is in custody for more than four and half years and the allegations against him relates to conduct of fraudulent transaction. The commission of the offences he has been charged with are under Sections 420, 406 and 120B of the Indian Penal Code, 1860(‘subject-offences’).
Considering the fact that the appellant has already undergone long punishment and maximum punishment is seven years in the subject-offences, we are of the view that the appellant ought to be Signature Not Verified Digitally signed by SNEHA DAS Date: 2023.08.11 enlarged on bail. We, accordingly, set aside the 16:15:56 IST Reason: impugned order and direct the Trial Court to release 1/4 the appellant on bail in connection with the subject-
case provided, of course, if he is not wanted in any other case, on such terms the Trial Court may consider fit and proper.
The appellant, however, must participate in the proceeding subsequent to submission of charge sheet. The present appeal is allowed in the above terms. Pending application(s), if any, shall also stand disposed of.
………………………………………………………………………..J. [ANIRUDDHA BOSE] ………………………………………………………………………..J. [BELA M. TRIVEDI] NEW DELHI;
AUGUST 11, 2023.
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ITEM NO.9 COURT NO.6 SECTION II-C
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. 7423/2023 (Arising out of impugned final judgment and order dated 14-12-2022 in BA No. 2418/2022 passed by the High Court Of Delhi At New Delhi) RAHUL GAUR Petitioner(s) VERSUS STATE OF NCT OF DELHI Respondent(s) (IA No. 114159/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 11-08-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.
Mr. Sidharth Joshi, Adv. Mr. Gopal Singh Chauhan, Adv. Mr. Deepak Goel, AOR Ms. Ambareen, Adv.
Mr. Anil Jha, Adv.
Mr. Sandeep Sisodia, Adv. Mr. Raushan, Adv.
For Respondent(s) Mr. K.M.Nataraj, A.S.G. Mr. Sharath Nambiar, Adv. Mr. Vivek Sharma, Adv.
Ms. Megha Karnwal, Adv. Mr. Udai Khanna, Adv.
Mr. Abhishek Khanna, Adv. Mr. Anuj Srinivas Udupa, Adv. Dr. Arun Kumar Yadav, Adv. Mr. Shreekant Neelappa Terdal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The impugned order is set aside; the appeal stands allowed and the appellant be released on 3/4 bail in terms of the signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(SNEHA DAS) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
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