Supreme Court - Daily Orders
Jagdish Sen vs State Of Rajasthan on 21 November, 2014
Bench: Madan B. Lokur, R. Banumathi
ITEM NO.56 COURT NO.9 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(s) for Special Leave to Appeal (Crl.) No(s). 7209/2014
(Arising out of impugned final judgment and order dated 29/05/2014
in CRMBA No. 1960/2014,11/11/2011 in CRMBA No. 10718/2011 passed
by the High Court of Rajasthan at Jaipur)
JAGDISH SEN Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(with appln. (s) for bail and permission to file additional
documents and office report)
Date : 21/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Abhishek Gupta,Adv.
For Respondent(s) Mr. Shiv Mangal Sharma, Adv.
Mr. Shrey Kapoor, Adv.
Mr. Puneet Parihar, Adv.
Mr. Akshat Anand, Adv.
Ms. Anjali Chauhan, Adv.
Mr. Ajay Choudhary,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appellant Jagdish Sen, S/o Radheyshyam be released on bail subject to satisfaction of the Trial Court.
The appeal is allowed in terms of the Signed Order.
Signature Not Verified Digitally signed by Rajni Mukhi Date: 2014.11.28 16:07:33 IST Reason: (Rajni Mukhi) (Jaswinder Kaur) Sr. P.A. Court Master
(Signed Order is placed on the file) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2461 OF 2014 (Arising out of SLP (Crl.) No. 7209 of 2014) JAGDISH SEN ......APPELLANT VERSUS STATE OF RAJASTHAN …......RESPONDENT O R D E R Leave granted.
Heard the learned counsel for the parties. This appellant was facing charges under Sections 120B, 306 of the I.P.C. and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant has been in custody since 14th October, 2011. It is submitted that the charges against one of the accused have been reframed resulting the proceedings having to start de novo. The appellant sought delinking of his trial from the other accused but that prayer was rejected. Most of the prosecution witnesses have already been examined. Looking to the peculiar facts of this case, we are of the opinion that since the appellant has spent sufficient time in custody and that the trial may have to start de novo, it would be appropriate if the appellant Jagdish Sen, S/o Radheyshyam be released on bail subject to the satisfaction of the Trial Court.
The appeal is allowed.
….…....................J. [MADAN B.LOKUR] …......................J. [R. BANUMATHI] NEW DELHI;
NOVEMBER 21, 2014