Supreme Court - Daily Orders
Ramesh Kumar vs Raj Kiran @ Bhulla on 27 September, 2019
Bench: N.V. Ramana, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.1503 OF 2019
(Arising out of SLP(Crl.)No.1720/2019)
RAMESH KUMAR … APPELLANT
Versus
OM PRAKASH & ANR. … RESPONDENTS
O R D E R
Leave granted.
The instant appeal, by way of special leave, is directed
against order dated 15.12.2018 passed by the High Court of
Judicature for Rajasthan at Jodhpur in D.B. Suspension of Sentence
(Appeal) No.1186 of 2018 whereby the High Court suspended the
sentences awarded by the trial court and granted bail to respondent
No.1 during the pendency of the appeal.
Having heard learned counsel for the parties and
carefully perusing the material placed before us and considering
the fact that respondent No.1 – accused is the main culprit and
keeping in view the prima facie material found against him, we are
of the considered opinion that it was not an appropriate case for
the High Court to suspend the sentence and grant bail to respondent
No.1/accused during the pendency of the appeal.
Signature Not Verified
Digitally signed by
In view of pending appeal, we are not going into the
SATISH KUMAR YADAV
Date: 2019.10.04
17:07:28 IST
merits of the matter.
Reason:
…………………...2/-
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We accordingly set aside the impugned order passed by the
High Court. The bail bonds of respondent No.1/accused are cancelled
and he is directed to surrender before the concerned trial court
within four weeks from today to serve out the remaining sentence.
The appeal stands allowed to the extent indicated above.
As a sequel to the above, pending interlocutory
application also stands disposed of.
..........................J.
(N.V.RAMANA)
.........................J.
(SANJIV KHANNA)
NEW DELHI;
SEPTEMBER 27, 2019.
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ITEM NO.34 COURT NO.3 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).1684/2019
(Arising out of impugned final judgment and order dated 19-09-2018
in DBCRM No.930/2018 in D.B.Criminal Appeal No.145 of 2018 passed
by the High Court of Judicature for Rajasthan at Jodhpur)
RAMESH KUMAR Petitioner(s)
VERSUS
RAJ KIRAN @ BHULLA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.373/2019-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.371/2019-EXEMPTION FROM
FILING O.T.)
WITH
SLP(Crl) No. 1720/2019 (II)
(FOR ADMISSION and I.R. and IA No.24844/2019-EXEMPTION FROM FILING
O.T. and IA No.24842/2019-PERMISSION TO FILE PETITION
(SLP/TP/WP/..))
Date : 27-09-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s) Mr. S.Nagamuthu, Sr.Adv.
Mr. Pushpinder Singh, Adv.
Mohd. F.Aneesh, Adv.
Mr. Amrit, Adv.
Ms. Shalini Kaul, AOR
For Respondent(s) Mr. K.Sultan Singh, Sr.Adv.
Mr. Samar Vijay Singh, AOR
Ms. Padhmalkshmi Iyengar, Adv.
Mr.Vishal Meghlal, Adv.
Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
SLP(Crl.)No.1684/2019
Heard learned counsel for the petitioner and carefully perused the record.
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We find no ground to interfere with the impugned order passed by the High Court in exercise of our jurisdiction under Article 136 of the Constitution.
The special leave petition is accordingly dismissed. As a sequel to the above, pending interlocutory applications also stand disposed of. SLP(Crl) No. 1720/2019
Leave granted.
The appeal stands allowed in terms of the signed order. As a sequel to the above, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)