Supreme Court - Daily Orders
Amit Kanoria vs The State Of West Bengal on 29 August, 2022
Bench: Ajay Rastogi, B.V. Nagarathna
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1389 OF 2022
(@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 6090 OF 2022
AMIT KANORIA APPELLANT(S)
VERSUS
THE STATE OF WEST BENGAL & ANR. RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. 1390 OF 2022
(@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 7434 OF 2022
O R D E R
Leave granted.
The instant appeals have been filed by the father of the victim and the State of West Bengal respectively questioning the order passed by the High Court impugned dated 26.05.2022 granting pre-arrest bail to the respondent no.2 in exercise of power under Section 438 of Cr.P.C.
Signature Not Verified After we have heard the learned Counsel for the parties and Digitally signed by POOJA SHARMAtaking into consideration the statement of the prosecutrix recorded Date: 2022.08.30 19:59:25 IST Reason: under Section 164 Cr.P.C. and her medical examination report, who was a minor on the date of the alleged incident, as per her date of 2 birth reflected in her Board records is 20.10.2004, in our considered view, it was not a case for grant of pre-arrest bail and that has not been even prima facie looked into by the High Court while passing the order impugned dated 26.05.2022.
Consequently, the appeals are allowed and the order granting pre-arrest bail to the respondent no.2 dated 26.05.2022 is hereby quashed and set aside.
Respondent no.2 shall now surrender within a period of three weeks from today and he is at liberty to file regular bail application and if such an application is filed, that may be examined by the trial Court concerned on its own merits in accordance with law.
Pending application(s), if any, shall stand disposed of.
…………………………………………………J. (AJAY RASTOGI) …………………………………………………J. (B.V. NAGARATHNA) NEW DELHI;
AUGUST 29, 2022.
3
ITEM NO. (47 + 61) 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
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6090/2022
(Arising out of impugned final judgment and order dated 26-05-2022 in CRM(A) No. 277/2022 passed by the High Court Of Calcutta Circuit Bench At Jalpaiguri) AMIT KANORIA PETITIONER(S) VERSUS THE STATE OF WEST BENGAL & ANR. RESPONDENT(S) (IA No. 90757/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 90758/2022 - EXEMPTION FROM FILING O.T., IA No. 91920/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) ITEM 61 SLP (CRL.) No. 7434/2022 (II-B) ([TO BE TAKEN UP ALONG WITH ITEM NO. 47 I.E. SLP(Crl) No. 6090/2022] (FOR ADMISSION and I.R. and IA No.114037/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.114036/2022-EXEMPTION FROM FILING O.T. ) Date : 29-08-2022 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Ms. Bansuri Swaraj, Adv.
Mr. Siddhesh Kotwal, Adv.
Mr. Rajdeep Mazumdar, Adv.
Mr. Rondeep, Adv.
Ms. Ana Upadhyay, Adv.
Ms. Manya Hasija, Adv.
Mr. Akash Singh, Adv.
Mr. Nihar Dharmadhikari, Adv.
Mr. Prashant Dalvi, Adv.
Mr. Nirnimesh Dube, AOR Mr. Biswajit Deb, Sr. Adv.
Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv.
4For Respondent(s) Mr. Biswajit Deb, Sr. Adv.
Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv.
Mr. Aman Lekhi, Sr. Adv.
Mr./Ms. Vivya Nagpal, Adv.
Mr. Gaurav Agarwal, Adv.
Mr. Tarun Goomber, Adv.
Mr. Ujjwal Sinha, Adv.
Mr. Aniket Seth, Adv.
Mr. Shashwat Goel, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
Appeals are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (MONIKA DEY) COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file.)