Supreme Court - Daily Orders
P.R. Kumar vs State Rep. By Of Police on 25 November, 2021
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1494 OF 2021
(Arising out of SLP (Crl.) No.3578 of 2021)
P.R. KUMAR Appellant
VERSUS
STATE REP. BY INSPECTOR OF POLICE & ANR. Respondents
O R D E R
Leave granted.
This appeal challenges the order dated 21.04.2021 passed by the High Court of Judicature at Madras, Bench at Madurai in Crl.O.P. (MD) No.18408/2019.
Apprehending arrest in connection with crime registered pursuant to FIR No.54 dated 04.12.2019 lodged with Police Station CCB, District Madurai City, for the offences punishable under Sections 406, 420 read with 120B of the Indian Penal Code, 1860, the appellant preferred an application for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973. The application having been rejected by the High Court, the present appeal has been preferred.
In this matter, the following order was passed by this Court on 07.05.2021:
“Mr. K.N. Basha, learned Sr Advocate appearing in support Signature Not Verified of the petition submits that: Digitally signed by Dr. Mukesh Nasa Date: 2021.11.26 15:45:23 IST Reason: (a) an amount of Rs.2 crores was paid by his client to the complainant during the period from 13.07.2016 to 10.08.2016.
(b) A settlement was arrived at between the parties on 2 26.02.2020.
(c) After such settlement, a further sum of Rs.1.25 crores was made over by the petitioner to the complainant. In the circumstances, it is submitted that the application preferred by the petitioner under Section 438 of the Code of Criminal Procedure ought not to have been dismissed by the High Court.
Mr. Basha, learned Sr Advocate further submits on instructions, that his client is willing to pay the remaining amount within next six months. Statement recorded.
Issue notice, returnable on 13.08.2021. Dasti in addition.
Liberty to serve the learned Standing Counsel for the State.
Pending further consideration, the petitioner shall not be arrested in connection with FIR No.0054 dated 04.12.2019, registered with Police Station CCB, District Madurai City for the offences punishable under Section 406, 420 and 120-B IPC.” It is accepted by the learned counsel for the appellant that the appellant has not yet paid the remaining amount as was submitted when the matter was taken up on 07.05.2021.
In the circumstances, by way of last chance, we grant three more months’ time to the appellant to pay all the sums as was undertaken.
We direct:-
a) The appellant shall clear all the outstanding sums and make appropriate payments to the respondent/complainant within three months from today.
b) In case such payments are made within three months from today, the interim order dated 07.05.2021 shall 3 become absolute.
Consequently, if the appellant is arrested in connection with the aforesaid crime, the Arresting Officer shall release the appellant on bail subject to his furnishing cash security in the sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with two like sureties.
c) It is needless to say that the appellant shall render complete co-operation in the ensuing investigation and he will not misuse his liberty in any manner.
Subject to making over the payment as mentioned above, the appeal is allowed.
However, if the payment is not made within the period stipulated, the appeal shall stand dismissed without further reference to the Court and the protection granted to the appellant will stand withdrawn.
........................J. (UDAY UMESH LALIT) ........................J. (S. RAVINDRA BHAT) ........................J. (BELA M. TRIVEDI) New Delhi, November 25, 2021.
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ITEM NO.19 COURT NO.2 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 for Special Leave to Appeal (Crl.) No.3578 of 2021 (Arising out of impugned final judgment and order dated 21-04-2021 in CRLOP (MD) No.18408/2019 passed by the High Court of Judicature at Madras, Bench at Madurai) P.R. KUMAR Petitioner VERSUS STATE REP. BY INSPECTOR OF POLICE & ANR. Respondents (IA No.59711/2021 – FOR EARLY HEARING; IA No.59714/2021 – FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.59514/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No.59516/2021 – FOR EXEMPTION FROM FILING O.T.; and, IA No.60392/2021 – FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 25-11-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. K.N. Basha, Sr. Adv.
Mr. B. Karunakaran, Adv.
Mr. I. Abrar Md. Abdullah, Adv. Mr. Hari Haran, Adv.
Mr. Anoop Prakash Awasthi, AOR For Respondent(s) Dr. Joseph Aristotle S., AOR Ms. Preeti Singh, Adv.
Ms. Ripul Swati Kumar, Adv.
Mr. Sanjeev Kumar Mahara, Adv. Mr. W. Immanuel Meitei, Adv.
Mr. K. Paari Vendhan, AOR Mr. Prabhu Ramasubramanian, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.5
Subject to making over the payment as mentioned in the Signed Order, the appeal is allowed.
However, in case the payment is not made within the period stipulated, the appeal shall stand dismissed without further reference to the Court and the protection granted to the appellant will stand withdrawn.
Pending applications, if any, also stand disposed of.
(MUKESH NASA) (VIRENDER SINGH)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)