Supreme Court - Daily Orders
Ashish Ranjan vs The State Of Bihar on 12 April, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(arising out of SLP (Crl.) Nos. 1657-1658 of 2023)
ASHISH RANJAN ..... APPELLANT
VERSUS
THE STATE OF BIHAR ..... RESPONDENT
O R D E R
Leave granted.
The appellant - Ashish Ranjan seeks anticipatory bail in First Information Report (FIR) No. 225/2021 dated 05.10.2021, registered at Police Station Dhamdaha, Purnea District, Bihar under Sections 467, 468, 471, 420 and 120-B of the Indian Penal Code, 1860. The High Court, vide impugned order dated 25.08.2022, granted anticipatory bail to the appellant - Ashish Ranjan on the condition that, inter alia, he furnish a bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount and stipulated that the appellant - Ashish Ranjan will refund the amount/emoluments received during his tenure as a Panchayat Teacher in installments.
Rs.3,00,000/- (Rupees Three Lakhs Only) deposited by the appellant – Ashish Ranjan in this Court will be handed over to the respondent – State of Bihar. The appellant – Ashish Ranjan will Signature Not Verified join investigation and hand over all the original documents/papers Digitally signed by BABITA PANDEY Date: 2023.04.12 20:02:02 IST Reason: regarding his schooling and education thereafter. The appellant – SLP (Crl.) Nos. 1657-1658 of 2023 1 page of 1 Ashish Ranjan will appear before the Investigating Officer with the original documents/papers on 09.05.2023.
It is stated by the learned counsel for the appellant – Ashish Ranjan that the appellant – Ashish Ranjan is presently working as a security guard. It is stated that he does not have any source of income other than the salary being paid to him as a security guard.
In view of the aforesaid submissions, we direct that in the event of the appellant – Ashish Ranjan being arrested, he shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court. The appellant – Ashish Ranjan will cooperate with the investigation and furnish all original documents/papers, as directed in this order. In case, appellant – Ashish Ranjan fails to furnish the original documents/papers, it will be open to the trial court to cancel the bail. In addition, the appellant – Ashish Ranjan shall comply with the mandate of Section 438(2) of the Code of Criminal Procedure, 1973.
Recording the aforesaid, the impugned judgments/orders are set aside and the appeals are allowed in the above terms.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
APRIL 12, 2023.
SLP (Crl.) Nos. 1657-1658 of 2023 1 page of 2
ITEM NO.19 COURT NO.7 SECTION II-A
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). 1657-
1658/2023
(Arising out of impugned final judgment and order dated 25-08-2022 in CRLM No. 4438/2022 09-11-2022 in CRLM No. 56104/2022 passed by the High Court of Judicature at Patna) ASHISH RANJAN Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 13761/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 13760/2023 - EXEMPTION FROM FILING O.T.) Date : 12-04-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Ajay Kumar Singh, AOR Mr. Anubhav Bhandari, Adv.
Mr. Parshuram, Adv.
Mr. Vishal Singh, Adv.
Mr. Ashish Singh, Adv.
For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv.
UPON hearing the counsel, the Court made the following O R D E R Leave granted.
We direct that in the event of the appellant – Ashish Ranjan being arrested, he shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court. The appellant – Ashish Ranjan will cooperate with the SLP (Crl.) Nos. 1657-1658 of 2023 1 page of 3 investigation and furnish all original documents/papers, as directed in this order. In case, appellant – Ashish Ranjan fails to furnish the original documents/papers, it will be open to the trial court to cancel the bail. In addition, the appellant – Ashish Ranjan shall comply with the mandate of Section 438(2) of the Code of Criminal Procedure, 1973.
The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
SLP (Crl.) Nos. 1657-1658 of 2023 1 page of 4