Supreme Court - Daily Orders
Manvir Singh Brar vs The State Of Punjab on 20 October, 2021
Bench: D.Y. Chandrachud, B.V. Nagarathna
Crl.A. 1235/2021
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No 1235 of 2021
(Arising out of SLP (Crl) No 2335 of 2020)
Manvir Singh Brar Appellant(s)
Versus
The State of Punjab Respondent(s)
ORDER
1 Leave granted.
2 The appellant is implicated in FIR No 0004 dated 10 January 2020 lodged at Police Station Sadiq, District Faridkot for alleged offences punishable under Sections 498-A, 406, 323 and 506 of the Indian Penal Code 1860. The FIR is registered at the behest of the spouse of the appellant. 3 By an order of this Court dated 27 March 2020, notice was issued and an interim stay of arrest was granted. In pursuance of the order of this Court, Ms Jaspreet Gogia, learned counsel entered appearance on behalf of the State of Punjab.
4 We have heard Mr Abhimanyu Tiwari, learned counsel appearing on behalf of the appellant and Ms Jaspreet Gogia, learned counsel for the State. Signature Not Verified Digitally signed by Chetan Kumar Date: 2021.10.26 17:13:39 IST Reason: Crl.A. 1235/2021 2 5 On behalf of the appellant, it has been submitted that the appellant and the complainant have been married for twelve years and have two children. Moreover, it has been submitted that the appellant is ready to cooperate in the investigation, but he was intimated by the Investigating Officer that since there was no specific direction of this Court permitting the investigation to continue, the investigation has not proceeded. 6 The order of this Court dated 27 March 2020 only granted an interim stay of arrest, but did not interfere with the ongoing investigation. 7 Ms Jaspreet Gogia, learned counsel for the State of Punjab has submitted that the appellant may be required to attend to the Investigating Officer and to produce the cell phone since it has been alleged that there are as many as fifteen inappropriate photographs which have been recorded in the cell phone.
8 We are of the view that having regard to the facts and circumstances and since the interim order has held the field since 27 March 2020, the appellant should be granted the benefit of anticipatory bail under Section 438 of the Code of Criminal Procedure 1973. This is however subject to the express condition that the appellant shall cooperate in the investigation and shall produce his cell phone containing the alleged photographs before the IO, failing which, it would be open to the State to apply for cancellation of bail. 9 Accordingly, while confirming the order dated 27 March 2020, we direct that in the event of the arrest of the appellant, he shall be released on bail Crl.A. 1235/2021 3 subject to such terms and conditions as may be determined by the competent court. This is however subject to the express condition that the appellant shall appear before the IO on 28 October 2021 at 12 noon and, thereafter, appear on such further dates as he may be required to attend in connection with the investigation. The appellant has also agreed before this Court that he shall produce the cell phone containing the alleged photographs for forensic analysis, before the IO. In the event that there is any breach on the part of the appellant in complying with the above terms and conditions, the State of Punjab would be at liberty to apply for cancellation of bail.
10 The appeal is accordingly disposed of.
11 Pending applications, if any, stand disposed of.
......…...….......………………........J. [Dr Dhananjaya Y Chandrachud] …....…...….......………………........J. [B V Nagarathna] New Delhi;
October 20, 2021
CKB
Crl.A. 1235/2021
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ITEM NO.25 Court 4 (Video Conferencing) 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.2335/2020 (Arising out of impugned final judgment and order dated 27-02-2020 in CRMM No.2876/2020 passed by the High Court of Punjab & Haryana at Chandigarh) MANVIR SINGH BRAR Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) (With appln.(s) for IA No.47471/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 20-10-2021 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv.
Ms. Aatrayi Das, Adv.
For Respondent(s) Ms. Jaspreet Gogia, Adv.
Ms. Mandakini Singh, Adv. Mr. Karanvir Gogia, Adv.
Ms. Shivangi Singhal, Adv. Ms. Ashima Mandla, Adv.
Ms. Uttara Babbar, AOR Crl.A. 1235/2021 5 UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.
2 The appeal is disposed of in terms of the signed order.
3 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Court Master
(Signed order is placed on the file)