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Sandip Pandey@Sandeep Kumar Pandey vs M/S. Shivam Builders And Developers on 24 September, 2018

Bench: Kurian Joseph, Sanjay Kishan Kaul

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                                                                                         NON-REPORTABLE

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPEAL NO(S). 1216 OF 2018
                              [@ SPECIAL LEAVE PETITION (CRL.) NO. 3932 OF 2018]


                         SANDIP PANDEY @ SANDEEP KUMAR PANDEY                       Appellant (s)

                                                          VERSUS

                         M/S. SHIVAM BUILDERS AND DEVELOPERS & ANR.                Respondent(s)


                                                    J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the order dated 23.03.2018 passed by the High Court of Chhattisgarh in MCRCA No. 215 of 2017. The Investigating Officer filed a closure report in FIR No. 50 of 2010 on the file of Police Station Civil Lines, Bilaspur, Chhattisgarh.

3. In view of the objections filed by the defacto complainant, the learned Magistrate has issued process under Section 204 Cr. P.C. The appellant approached the High Court for bail, which has been Signature Not Verified rejected.

JAYANT KUMAR ARORA Date: 2018.09.26 17:23:22 IST Reason:  2

4. Though the learned senior counsel has referred to the background of the case in view of the pendency of the case before the learned Magistrate, we do not propose to go into the same. We direct the appellant to surrender before the learned Magistrate within four weeks from today and on such surrender, he shall be released on bail, subject to such conditions as may be imposed by the learned Magistrate.

5. In view of the above, the appeal is allowed.

.......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] New Delhi;

September 24, 2018.

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ITEM NO.44                  COURT NO.4                 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(s).    3932/2018

(Arising out of impugned final judgment and order dated 23-03-2018 in MCRCA No. 215/2017 passed by the High Court Of Chhatisgarh At Bilaspur) SANDIP PANDEY@SANDEEP KUMAR PANDEY Petitioner(s) VERSUS M/S. SHIVAM BUILDERS AND DEVELOPERS & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.66117/2018-EXEMPTION FROM FILING O.T. ) Date : 24-09-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. V. Giri, Sr. Adv.

Mr. Navin Prakash, AOR For Respondent(s) Mr. Ashok Kumar Panda, Adv.

Mr. Nachiketa Joshi, Adv.

Ms. Sucharita C.K., Adv.

Mr. Pranay Ranjan, Adv.

Mr. Arvind Kumar Sharma, Adv. Ms. Shashi Juneja, Adv.

Mr. Deepak Goel, AOR Mr. Sanjay Samdarsi, Adv.

Mr. B. S Rajesh Agrajit, Adv.

Ms. Dipiti, Mr. Shyamal Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed non-reportable Judgment.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed non-reportable Judgment is placed on the file)