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Avtar Singh vs The State Of Rajasthan on 12 October, 2023

Bench: A.S. Bopanna, Pamidighantam Sri Narasimha

                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION


                                         CRIMINAL APPEAL NO. 3180 OF 2023
                                            (@ SLP (CRL.) No 5338/2023)


     AVTAR SINGH                                                                   APPELLANT(s)

                                                           VERSUS


     THE STATE OF RAJASTHAN                                                       RESPONDENT(S)


                                                        O R D E R

Leave granted.

Heard learned counsel for the appellant as also learned counsel for the respondent State and perused the appeal papers including the counter statement filed on behalf of the respondent.

Though learned counsel for the respondent State would vehemently oppose the grant of bail, we have taken note of the fact that the appellant was arrested on 03.01.2021 and has already spent nearly three years in custody. Further, the co- accused in the case have also been granted bail. Further, there is no material to indicate that the trial has progressed substantially. Hence, keeping in view all these aspects of the matter, we deem it appropriate to direct that the appellant be Signature Not Verified enlarged on bail subject to appropriate conditions being imposed Digitally signed by Rajni Mukhi Date: 2023.10.12 17:00:04 IST Reason: by the trial court.

...2/-

For the purpose of imposition of conditions and issuance of release order, the appellant shall be produced before the trial court forthwith.

In terms of the above, the appeal is disposed of. Pending application(s) shall also stand disposed of.

…..……………………………………………………J. [A.S. BOPANNA] ……………...……….……………………………………….J. [PAMIDIGHANTAM SRI NARASIMHA] NEW DELHI;

OCTOBER 12, 2023
ITEM NO.8                    COURT NO.5                  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 for Special Leave to Appeal (Crl.)          No. 5338/2023

(Arising out of impugned final judgment and order dated 16-08-2022 in SBCRMBA No. 1281/2022 passed by the High Court of Judicature for Rajasthan at Jodhpur) AVTAR SINGH Petitioner(s) VERSUS THE STATE OF RAJASTHAN Respondent(s) (FOR ADMISSION and I.R. and IA No.73081/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.73084/2023-EXEMPTION FROM FILING O.T. ) Date : 12-10-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Sumeet Pal Singh Khaira, Adv.

Mr. Kunal Choksi, Adv.

Mr. Shree Pal Singh, AOR For Respondent(s) Mrs. Nilofar Khan, A.A.G. Mr. Anjum Parvez, Adv.

Ms. Nilofar Khan, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appellant be enlarged on bail subject to appropriate conditions being imposed by the trial court.

The appeal is disposed of in terms of signed order. Pending application(s) shall also stand disposed of.

(RAJNI MUKHI)                                   (DIPTI KHURANA)
COURT MASTER (SH)                              ASSISTANT REGISTRAR

(Signed order is placed on the file)