Supreme Court - Daily Orders
Mohd. Aleem vs State Of U.P. on 25 November, 2021
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No(s).1496/2021
(Arising out of SLP(Crl.)No. 4353/2021
MOHD. ALEEM ..APPELLANT(S)
VERSUS
STATE OF U.P. & ANR. … Respondent(s)
ORDER
Leave granted.
This appeal challenges the judgment and order dated 04.06.2021 passed by the High Court of Judicature at Allahabad rejecting CRMABA No. 5895/2021.
In crime registered pursuant to FIR No. 806 of 15.12.2020 lodged with Civil Lines Police Station, District Prayagraj for offences punishable under Sections 419, 420, 467, 468 and 471 IPC, the allegation against the appellant is that he fraudulently persuaded the bank to grant certain loans which loans are not getting repaid.
The appellant accepts the fact that he is not a Doctor by profession. It has been his case that the papers with respect to the loans were prepared by the bank officials.
Learned counsel for the appellant submits that out of Rs. 6.99 lakhs received as loan by his client, he has already repaid a sum of Rs.2.13 lakhs. He further submits that the appellant is willing to return the balance amount within three months from Signature Not Verified today.
Digitally signed byIndu Marwah Date: 2021.11.26 16:14:41 IST Reason:
In the light of the statement made by the learned counsel for the appellant, we allow this appeal, the order under appeal is set aside and it is directed that in case the 2 appellant is arrested in connection with the crime registered pursuant to the aforesaid FIR, he shall be released on bail by the Arresting Officer subject to his furnishing cash security in the sum of Rs.25,000/- with two like sureties.
It shall be the condition of the bail that the appellant shall deposit the balance sum within three months as undertaken by him. Needless to say that the appellant shall render complete cooperation and shall not misuse his liberty.
In case the appellant fails to deposit the balance sum within the stipulated time, this appeal shall stand dismissed without further reference to the Court and the benefit granted in terms of this order shall stand withdrawn.
With these observations, the appeal is disposed of.
………………………………J. [UDAY UMESH LALIT] ………………………………J. [ S. RAVINDRA BHAT] ………………………………J. [BELA M. TRIVEDI] NEW DELHI, NOVEMBER 25, 2021.
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ITEM NO.5 COURT NO.2 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). 4353/2021
(Arising out of impugned final judgment and order dated 04-06-2021 in CRMABA No. 5895/2021 passed by the High Court Of Judicature At Allahabad) MOHD. ALEEM Petitioner(s) VERSUS STATE OF U.P. & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.69839/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.69840/2021-EXEMPTION FROM FILING O.T. ) Date : 25-11-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Bhuwan Raj, AOR For Respondent(s) Mr. Ardhendumauli Kumar Prasad, AAG, UP Mr. Adarsh Upadhyay, AOR Mr. Puneet Singh Bindra, AOR Mr. Joginder Sukhija, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (VIRENDER SINGH)
COURT MASTER (SH) BRANCH OFFICER
(Signed order is placed on the file)