Supreme Court - Daily Orders
Rajesh Kumar Rathaur vs The Directorate Of Enforcement Govt. Of ... on 7 August, 2023
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
[arising out of SLP (Crl.) No. 12189 OF 2022]
RAJESH KUMAR RATHAUR APPELLANT(S)
VERSUS
THE DIRECTORATE OF ENFORCEMENT RESPONDENT(S)
O R D E R
Leave granted.
Having regard to the fact that the appellant – Rajesh Kumar Rathaur has suffered incarceration for a period of 8 years in the predicate offence and was not arrested during the course of the investigation, which had begun in the year 2016, we accept the present appeal and confirm the interim order dated 23.01.2023.
In other words, the bail granted by the trial court in terms of our order dated 23.01.2023 will continue during the pendency of the trial. However, in case the appellant – Rajesh Kumar Rathaur violates the terms and conditions of the bail or if there are any grounds which justify the cancellation of bail, it would be open for the prosecution to file an application seeking such cancellation.
Signature Not Verified Accordingly, the impugned order/judgment is set aside and the Digitally signed by Deepak Guglani Date: 2023.08.08 appeal is allowed.
17:50:20 ISTReason: Crl.A. No………/2023 @ SLP(Crl.) No. 12189/2022 1 Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (S.V.N. BHATTI) NEW DELHI;
AUGUST 07, 2023.
Crl.A. No………/2023 @ SLP(Crl.) No. 12189/2022 2
ITEM NO.9 COURT NO.3 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. 12189/2022 (Arising out of impugned final judgment and order dated 03-11-2022 in CRMABA No. 1213/2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench) RAJESH KUMAR RATHAUR Petitioner(s) VERSUS THE DIRECTORATE OF ENFORCEMENT Respondent(s) (IA No.195842/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.195843/2022-EXEMPTION FROM FILING O.T.) Date : 07-08-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Sunil Fernandes, Adv.
Mr. Aakarshan Aditya, AOR For Respondent(s) Mr. S.V. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Sairica Raju, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Guntur Pramod Kumar, Adv. Mr. Ashuthosh Gade, Adv.
Mr. Zoheb Hossain, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
In terms of the signed order, having regard to the fact that the appellant – Rajesh Kumar Rathaur has suffered incarceration for a period of 8 years in the predicate offence and was not arrested during the course of the investigation, which had begun in the year Crl.A. No………/2023 @ SLP(Crl.) No. 12189/2022 3 2016, the present appeal is accepted and the interim order dated 23.01.2023 is confirmed.
In other words, the bail granted by the trial court in terms of our order dated 23.01.2023 will continue during the pendency of the trial. However, in case the appellant – Rajesh Kumar Rathaur violates the terms and conditions of the bail or if there are any grounds which justify the cancellation of bail, it would be open for the prosecution to file an application seeking such cancellation.
Accordingly, the impugned order/judgment is set aside and the appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file) Crl.A. No………/2023 @ SLP(Crl.) No. 12189/2022 4