Bhawna Jaiswal vs Manish Mishra on 28 April, 2023

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Supreme Court - Daily Orders

Bhawna Jaiswal vs Manish Mishra on 28 April, 2023

We have heard Shri Sanjay Singh, learned counsel, appearing for the appellant and Shri M.Z. Chaudhary, learned counsel, appearing on behalf of the original accused and Shri Garvesh Kabra, learned counsel, appearing for the respondent-State.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.01.2023 passed by the High Court of Judicature at Allahabad passed in Criminal Misc. Bail Application No. 10715 of 2022, by which the High Court has directed to enlarge the respondent-accused on bail in Crime Case No. 194 of 2021 for the offence under Sections 147,149,452,323,504,506,307,511,392 and 120B IPC , the original Complainant has preferred the said Appeal.

Having heard learned counsel for the respective parties and the manner in which the High Court has dealt with the bail application and has enlarged the respondent-accused on bail is not Signature Not Verified appreciable at all.

Digitally signed by R

Natarajan Date: 2023.05.02

The High Court has not at all considered the 17:17:53 IST Reason:

nature and gravity of the offence alleged in the FIR. The High Court has also not taken into consideration the antecedents of the 2 respondent-accused as it is reported that the respondent-accused is alleged to have been involved in more than 22 cases. Even the High Court has also not considered the fact that the accused was absconding for a number of months and a proclamation was issued and non-bailable warrants were also issued. The aforesaid, as such, are relevant consideration for the purpose of grant of bail. The High Court, only in one paragraph by observing that “in the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed” released the accused on bail and no further reasons whatsoever were assigned by the High Court.

Under the circumstances, the impugned judgment and order passed by the High Court enlarging the respondent No.1-accused on bail is unsustainable and the same deserves to be quashed and set aside and is, accordingly, quashed and set aside. The present Appeal is, accordingly, allowed. It will be open for the respondent-accused to file a fresh bail application, which may be considered in accordance with law and on its own merits and in the light of the observations made hereinabove.

...........................J (M.R. SHAH) ...........................J (J.B. PARDIWALA) New Delhi;

April 28, 2023
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ITEM NO.20                COURT NO.4                  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).    4106/2023

(Arising out of impugned final judgment and order dated 24-01-2023 in CRMBA No. 10715/2022 passed by the High Court Of Judicature At Allahabad) BHAWNA JAISWAL Petitioner(s) VERSUS MANISH MISHRA & ANR. Respondent(s) ( IA No.49003/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.49004/2023-EXEMPTION FROM FILING O.T.) Date : 28-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Sanjay Singh, Adv.

Mr. Divyesh Pratap Singh, AOR Mr. Suraj Prakash Singh, Adv.

For Respondent(s) Mr. M.Z.chaudhary, Adv.

Mr. Aftab Ali Khan, AOR Mr. S.A.zaidi, Adv.

Mr. Tabarak Hussain, Adv.

Mr. Pushpinder Singh, Adv.

Mr. Garvesh Kabra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The present Appeal is allowed in terms of the signed order. Pending applications stand disposed of.

(R. NATARAJAN)                                  (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                        ASSISTANT REGISTRAR
               (Signed order is placed on the file)

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