Supreme Court - Daily Orders
Jagrat Garg vs The State Of Uttarakhand on 3 September, 2024
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2024
[Arising out of SLP (Crl) No. of 2024]
[Arising out of Diary No.33058 of 2024]
JAGRAT GARG Appellant(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)
O R D E R
Delay condoned.
Leave granted.
This appeal challenges the judgment and order dated 10.04.2024 passed by the High Court of Uttarakhand at Nainital, in First Bail Application No. 1851 of 2023.
The appellant, Jagrat Garg has been facing trial in connection with a crime registered pursuant to First Information Report No. 481 of 2023 dated 27.06.2023 lodged with Police Station Kotwali Jwalapur, District Haridwar, in respect of offences punishable under Sections 471, 468, 467, 420, 120B of the Indian Penal Code, 1860.
An application seeking regular bail having been rejected Signature Not Verified by the High Court vide impugned order dated 10.04.2024, the Digitally signed by Nisha Khulbey Date: 2024.09.03 17:26:50 IST Reason: appellant has preferred the instant appeal. 1 Diary No.33058/2024 This Court, vide its order dated 06.08.2024, issued notice in the instant matter.
Heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.
The appellant has been in custody for approximately 1 year and 2 months.
Learned counsel for the appellant submitted that out of twelve accused, only two are behind bars, one of them being the appellant herein. That on completion of the investigation, the charge-sheet has been filed and in fact, the trial has also commenced. That out out 23 witnesses, one witness has already been examined. The appellant has a good case on merits and therefore long incarceration during the period of trial would prejudice the appellant. He therefore, submitted that the impugned orders may be set aside and relief may be granted to the appellant herein.
Per contra, learned counsel for the respondent State, with reference to his counter affidavit, submitted that no doubt there are ten accused who have been granted relief of bail. However, the appellant was the kingpin in the entire transaction and there has been substantial recoveries of cash, cheque-books and quotations and there are also amounts Diary No.33058/2024 transferred to the bank account of the appellant’s father as well as to his personal account. He submitted that there has been a total fraud in the matter of giving vehicle loans and therefore the High Court was justified in declining the relief.
We have considered the submissions advanced at the Bar and we note that although the appellant has been named in the FIR and there have been recoveries made, the fact remains that on filing of the charge-sheet, the charges have been framed and the evidence has commenced and further, that out of the twelve accused, investigation is going on as against six accused are concerned and several other accused have been granted bail.
Considering the facts on record, in our view, the case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant, Jagrat Garg, shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 481 of 2023 mentioned above.” It is directed that the appellant shall extend complete 3 Diary No.33058/2024 cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. With these observations, the appeal is allowed.
. . . . . . . . . .,J [B.V. NAGARATHNA] . . . . . . . . . . . . . . . .,J [NONGMEIKAPAM KOTISWAR SINGH] NEW DELHI, SEPTEMBER 03, 2024 Diary No.33058/2024 ITEM NO.6 COURT NO.9 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No.33058/2024 (Arising out of impugned final judgment and order dated 10-04-2024 in FBA No. 1851/2023 passed by the High Court Of Uttarakhand At Nainital) JAGRAT GARG Petitioner(s) VERSUS THE STATE OF UTTARAKHAND Respondent(s) (IA No.168265/2024-CONDONATION OF DELAY IN FILING and IA No.168264/2024-EXEMPTION FROM FILING O.T.) Date : 03-09-2024 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Aakarshan Aditya, AOR Mr. Vibhu Tiwari, Adv.
Mr. Shiv Ram Pandey, Adv.
Mrs. Sandhya Pandey, Adv.
Mr. Satish C Kaushik, Adv.
Mr. Qazi Nayeem Ahmad, Adv.
For Respondent(s) Mr. Manan Verma, AOR Mr. Ankit Shah, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed and the appellant is released on bail subject to the conditions to be imposed by the trial Court in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(KRITIKA TIWARI) (DIVYA BABBAR)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on file)
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