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Supreme Court - Daily Orders

Sonu Kumar @ Jai Kumar @ Jayesh Kumar @ ... vs Union Of India on 5 April, 2023

Author: Sanjay Kishan Kaul

Bench: Sanjay Kishan Kaul

                                                            1




                                     IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPEAL NO. 1002/2023
                               (arising out of SLP(Crl.) No. 1268/2022



                              SONU KUMAR @ JAI KUMAR @JAYESH KUMAR
                              @ ANAND KUMAR @ JAI KUMAR SINHA                 PETITIONER(S)

                                                      VERSUS

                              UNION OF INDIA                               ..RESPONDENT(S)

                                                  O R D E R

Leave granted.

In respect of a co-accused orders were passed on 07.08.2018 in Criminal Appeal No. 970/2018. The further development since then is that the investigation has been completed and trial is in progress. There is no case that the appellant did not cooperate with the investigation.

We are inclined to apply the course of action as set out in the aforesaid order which is re-produced as under:

“5. In view of the above circumstances, we are of the view that for facilitating the trial the appellant should surrender before the Trial Court within two weeks from today. On such surrender, he shall be released on Signature Not Verified bail under Section 439 Cr.P.C. on such conditions as may be imposed by the trial Digitally signed by Charanjeet Kaur Date: 2023.04.05 16:56:25 IST Reason: Court. In case, the appellate does not cooperate with the trial it will be open to the prosecution to move for cancellation of bail.” 2 Ordered accordingly.
Needless to say that the appellant will cooperate with proceedings in the trial.
The appeal stands disposed of.
....................J. [SANJAY KISHAN KAUL] ....................J. [AHSANUDDIN AMANULLAH] NEW DELHI;
APRIL 05, 2023.
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ITEM NO.4                    COURT NO.2                      SECTION II-A

                 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).   1268/2022

(Arising out of impugned final judgment and order dated 18-02-2020 in CRLMN No. 85804/2019 passed by the High Court Of Judicature At Patna) SONU KUMAR @ JAI KUMAR @ JAYESH KUMAR @ ANAND KUMAR @ JAI KUMAR SINHA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Date : 05-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Amjad Hussain, Adv.
Mr. Ritesh Singh, Adv.
Mr. Manish Singh, Adv.
Mr. Ajay Kumar Singh, Adv.
Ms. Rubi Kumari, Adv.
Mr. Somanatha Padhan, AOR For Respondent(s) Mr. K.M. Nataraj, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv.
Mr. Kanu Agarwal, Adv.
Mr. Shailesh Madiyal, Adv. Mr. Annam Venkatesh, Adv.
Ms. Sairica Raju, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Court inter alia observed as under:
“We are inclined to apply the course of 4 action as set out in the aforesaid order which is re-
produced as under:
“5. In view of the above circumstances, we are of the view that for facilitating the trial the appellant should surrender before the Trial Court within two weeks from today. On such surrender, he shall be released on bail under Section 439 Cr.P.C. on such conditions as may be imposed by the trial Court. In case, the appellate does not cooperate with the trial it will be open to the prosecution to move for cancellation of bail.” Ordered accordingly.
Needless to say that the appellant will cooperate with proceedings in the trial.
The appeal stands disposed of.” [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ]