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Supreme Court - Daily Orders

Ashok Kumar Ojha vs State Of Up on 16 October, 2023

Bench: Vikram Nath, Rajesh Bindal

                                                                1

                                           IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION


                                      CRIMINAL APPEAL NO. 3234 OF 2023
                                    (ARISING FROM SLP(CRL)NO. 12785/2023)

                         ASHOK KUMAR OJHA                                             APPELLANT(S)

                                                                    VERSUS

                         STATE OF U.P. & ANR                                          RESPONDENT(S)

                                                           O R D E R

Leave granted.

2. The conditional bail granted by the High Court vide order dated 17.11.2022 was cancelled by the impugned order dated 10.08.2023 on the ground that the appellant failed to comply with the conditions imposed while granting bail and that too upon the undertaking given by the appellant.

3. Today, before us, learned counsel for the appellant states that insofar as the second part of the condition of making payment of Rs.14,50,000/- (Rupees fourteen lakhs fifty thousand only) is concerned, the appellant is ready and willing to pay the same and has also Signature Not Verified come ready with a Bank Draft bearing No.938107 Digitally signed by Neetu Khajuria Date: 2023.10.19 16:59:08 IST Reason: dated 27.09.2023 for Rs.14,50,000/- drawn on Canara Bank in favour of respondent No.2. The said 2 demand draft is handed over to the learned counsel, appearing on caveat, for respondent No.2.

4. In that view of the matter, we set aside the order dated 10.08.2023 passed by the High Court and direct that the bail granted to the appellant by order dated 17.11.2022 to continue.

5. It goes without saying that the appellant will continue to cooperate in the trial.

6. The appeal is disposed of in the above terms.

....................,J.

(VIKRAM NATH) ....................,J.

                                              (RAJESH BINDAL)
NEW DELHI
OCTOBER 16, 2023
                                     3

ITEM NO.29                  COURT NO.12                 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).    12785/2023

(Arising out of impugned final judgment and order dated 10-08-2023 in CRMBCA No. 301/2023 passed by the High Court Of Judicature At Allahabad) ASHOK KUMAR OJHA Petitioner(s) VERSUS STATE OF UP & ANR. Respondent(s) ( IA No.204607/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.204612/2023-EXEMPTION FROM FILING O.T. ) Date : 16-10-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Anupam Mishra, AOR Mr. Jenis V Francis, Adv. Mr. Harikumar V., Adv.
Ms. P.s Chandralekha, Adv. Mr. Mohammad Faiz Alam, Adv.
For Respondent(s) Mr. Bhupendra Pratap Singh, Adv.
Mr. Devendra Kumar Shukla, AOR Mr. Nakul Nirwan, Adv.
Mr. Rishabha, Adv.
Ms. Ravina, Adv.
Ms. Nikita Anand, Adv.
Ms. Vaishali Gupta, 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 shall stand disposed of.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)