Supreme Court - Daily Orders
Rishi Chand Gupta vs The State (Nct Of Delhi) on 19 April, 2021
Bench: Uday Umesh Lalit, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 442 OF 2021
(@ out of SLP (Crl.) No.2314/2021)
RISHI CHAND GUPTA APPELLANT (S)
VERSUS
STATE (NCT OF DELHI) & ANR. RESPONDENT(S)
ORDER
Leave granted.
This appeal challenges the final judgment and order dated 03-11-2020 passed by the High Court of Delhi at New Delhi rejecting Bail Application No.3345/2020 preferred by the appellant.
Apprehending arrest in connection with FIR No.126 dated 02.04.2019 registered with Police Station Ashok Vihar, District North West, Delhi in respect of offences punishable under Sections 420,406,120-B IPC, the appellant preferred an application under Section 438 of the Code of Criminal Procedure Signature Not Verified (“the Code” for short), seeking anticipatory bail. The application having been Digitally signed by Indu Marwah Date: 2021.04.22 16:32:40 IST Reason: rejected, the instant appeal has been preferred. 2 As the facts on record indicate certain quantity of rice was purchased by the appellant from the complainant for consideration of Rs.2.15 crores. The rice was exported to M/s AMG Madagascar SARL and towards freight charges about Rs. 24 lakhs were spent by the appellant. In relation to these transactions, a sum of Rs.2.35 crores was received by the appellant from the importer, out of which Rs. 1 crore stands made over to the complainant.
It is the submission of the appellant that as the rice was not of the desired quality, the complainant was not entitled to the consideration agreed between the parties. These submissions are stoutly opposed by the prosecution and the complainant.
We do not deem it appropriate to enter into the merits or demerits of these submissions. But in the facts and circumstances, in our view, the appellant is entitled to protection under Section 438 of the Code.
It was however pointed out by Ms. Aishwarya Bhati, learned ASG and Mr. Arijit Prasad, learned Senior Advocate for the complainant that the appellant had not cooperated with the investigation and that he has been marked as absconding accused in the charge-sheet filed by the Investigating Machinery.
In the circumstances, we pass following directions:-
(1) In the event of his arrest in connection with crime registered pursuant 3 to the FIR as stated hereinabove, the arresting officer shall release the appellant on furnishing of cash security in the sum of Rs. 1 lakh with two like sureties.
(2) The appellant shall remain personally present before the concerned Investigating Officer on 26.04.2021 and shall continue to attend the Police Station throughout the week and on such other dates as requisitioned by the Investigating Officer.
Needless to say that the appellant shall not in any way try to influence the witnesses or obstruct the course of investigation and shall render complete cooperation with the investigation.
With the aforesaid observations, the appeal is allowed.
…………........................J. (UDAY UMESH LALIT) …………........................J. (K.M. JOSEPH) New Delhi, April 19, 2021.
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ITEM NO.27 Court 4 (Video Conferencing) SECTION II-C
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). 2314/2021
(Arising out of impugned final judgment and order dated 03-11-2020 in BA No. 3345/2020 passed by the High Court Of Delhi At New Delhi) RISHI CHAND GUPTA Petitioner(s) VERSUS STATE (NCT OF DELHI) & Anr. Respondent(s) ( IA No. 37514/2021 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT IA No. 40186/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 37513/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 40184/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 19-04-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv.
Mr. Raj Kishor Choudhary, AOR Mr. Shshir Prakash, Adv.
Ms. Karuna Krishan Thareja, Adv. Mr. Shakeel Ahmed, adv Ms. Malvika Raghavan, adv For Respondent(s) Mr. Arijit Prasad, Sr. Adv.
Mr. Rohitash Nagar, Adv.
Mr. Sudhir Naagar, AOR Ms. Aishwarya Bhati, ASG Ms. Archana Pathak Dave, Adv.
Mr. Mohammed Akhil Nazeer, (Adv) Ms. Ruchi Kohli, Adv.
Mr. B. V. Balaram Das, AOR Mr. Chirag M. Shroff, Advocate Ms. Abhilasha Bharti, Advocate Mr. Sushant Dogra, Advocate 5 UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (VIRENDER SINGH)
COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)