Supreme Court - Daily Orders
Darshan Kaur vs The State Of Punjab on 3 November, 2023
Bench: Vikram Nath, Rajesh Bindal
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3412 OF 2023
(ARISING FROM SLP(Crl.) No.9266/2023)
DARSHAN KAUR APPELLANT(S)
VERSUS
STATE OF PUNJAB & ANR. RESPONDENT(S)
O R D E R
Leave granted.
2. Heard learned counsel for the appellant and perused the material placed on record.
3. This appeal arises from the Judgment and Order dated 06.06.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-S No.1636 of 2023.
4. It is apparent from the order of the High Court that it considered the period of incarceration as a relevant fact while granting bail to respondent no.2 that he had been in custody for 2 years 10 months and 70 days, whereas, in fact, the respondent Signature Not Verified had been in custody for only 2 months and 12 days. Digitally signed by Neetu Khajuria Date: 2023.11.06 18:33:18 IST Reason:
5. According to the learned counsel appearing for the appellant, there are 25 other cases 2 registered against respondent No.2 although the High Court has recorded that there are 40 other FIRs.
6. Considering the above facts, we are not convinced that the High Court has rightly appreciated the facts while considering the prayer for bail.
7. Accordingly, we set aside the impugned order and restore the appeal filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to its original number, to be decided afresh in accordance with law, after affording due opportunity of hearing to the parties concerned.
8. Respondent no.2 shall surrender within a period of within four weeks from today.
9. The appeal is disposed of in the above terms.
10. Pending applications shall stand disposed of.
....................,J.
(VIKRAM NATH) ....................,J.
(RAJESH BINDAL) NEW DELHI;
NOVEMBER 03, 2023
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ITEM NO.45 COURT NO.11 SECTION II-B
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). 9266/2023
(Arising out of impugned final judgment and order dated 06-06-2023 in CRAS No. 1636/2023 passed by the High Court Of Punjab & Haryana At Chandigarh) DARSHAN KAUR Petitioner(s) VERSUS STATE OF PUNJAB & ANR. Respondent(s) (IA No. 135966/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 135967/2023 - EXEMPTION FROM FILING O.T.) Date : 03-11-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Ashutosh Thakur, AOR Mr. Rishi Raj, Adv.
Mr. Chandra Pratap, Adv.
For Respondent(s) Ms. Rooh-e-hina Dua, AOR Mr. Harshit Khanduja, Adv.
Mr. Himanshu Sharma, AOR Mr. Ram Niwas Sharma, Adv. Mrs. Aditi Sharma, Adv. Mr. Gopal Nahel, Adv.
Mr. Arun Kumar, Adv.
Mr. Rahul Jasoria, Adv. Mr. Digvijay Singh Raghav, Adv. Mr. Nikhil Bajaj, Adv.
Ms. Anshita, Adv.
Mr. Sudhanshu Singh, 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.4
Pending applications shall stand disposed of.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)