Basant vs The State Of Madhya Pradesh on 12 May, 2023

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Basant vs The State Of Madhya Pradesh on 12 May, 2023

Bench: Hrishikesh Roy

     ITEM NO.2                         COURT NO.14                  SECTION II-A

                              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). 4083/2023

     (Arising out of impugned judgment and order dated 31-01-2023 in
     MCRC No. 3438/2023 passed by the High Court Of M.P. at Indore)

     BASANT                                                          Petitioner(s)

                                                VERSUS

     THE STATE OF MADHYA PRADESH                                     Respondent(s)

     (IA No. 64290/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 64295/2023 - EXEMPTION FROM FILING O.T.) Date : 12-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Vardhman Kaushik, Adv.

Mr. Nishant Gautam, Adv.

Mr. Dhruv Joshi, Adv.

Mr. Mayank Sharma, Adv.

Mr. Abhinav Singh, Adv.

Ms. Sanjana Mehrotra, Adv.

Mr. Ajay Kanojia, Adv.

Mr. Ayush Singh, Adv.

Mr. Vinay Kaushik, Adv.

Ms. Amita Singh Kalkal, AOR For Respondent(s) Mr. Harmeet Singh Ruprah, D.A.G. Mr. Pashupathi Nath Razdan, AOR Ms. Maitreyee Jagat Joshi, Adv. Mr. Amankant Mishra, Adv.

Mr. Astik Gupta, Adv.

Ms. Ayushi Mittal, Adv.

Mr. Kuldeep Kumar Shukla, Adv.

Mr. Nitin Singh, Adv.

Mr. Ambuj Agarwal, Adv.

Mr. Shailender, Adv.

Mr. Mohan Lal Sharma, Adv.

Signature Not Verified

Digitally signed by NITIN TALREJA Date: 2023.05.12 UPON hearing the counsel the Court made the following 15:38:26 IST Reason: O R D E R 1 Heard Mr. Vardhman Kaushik, the learned counsel appearing for the petitioner. Also heard Mr. Harmeet Singh Ruprah, the learned counsel appearing for the State of Madhya Pradesh. The complainant, who is also heard, is represented by Mr. Nitin Singh, the learned counsel.

This Court issued notice on 26.04.2023 with the following order:

“Mr. Vardhman Kaushik, learned counsel submits that the petitioner is in jail since 21.10.2021 and the charge against him is attempting to sale encumbered property and perhaps the charges under Section 467, 468 and 471 of the IPC with harsher penalties may not be made out. Insofar as the punishment under Section 420 and 406 IPC is concerned, 7 and 3 years sentence is respectively prescribed and in this case the petitioner has been in custody for over 18 months.

Issue notice, returnable in two weeks. Petitioner is permitted to serve the Standing Counsel for the State, in addition.” Since then the counter affidavit has been filed. We have perused the material on record and also considered the submissions of the learned counsel.

Having regard to the nature of the offence as also the period of incarceration of the petitioner for last over 18 months, we deem it appropriate to grant bail to the petitioner – Basant subject to appropriate bail conditions to be imposed by the trial court. The Special Leave Petition is accordingly disposed of. Pending application(s), if any, shall stand closed. (NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR 2

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